9911796707
|
Home
Issues involved: Levy of penalty u/s 271(1)(c) of the Income-tax Act for the assessment years 1982-83 and 1983-84.
For the assessment year 1982-83: The appeals involved the confirmation of penalty levied on the assessee, a partnership firm engaged in abkari business, for unaccounted sales and inflation of expenditure. The Tribunal found that penalty was levied only on the income found concealed by the assessee, which was significantly higher than the income returned in the original return. The Tribunal upheld the penalty, considering evidence from bank deposits and employee statements, establishing a clear case of concealment. The Tribunal's lenient view on estimated income in the penalty proceedings was deemed appropriate, leading to the dismissal of appeals filed by both the assessee and the department for the year 1982-83. For the assessment year 1983-84: In this year, the assessee's appeal contested the penalty levied based on the additional income offered for assessment, which was significantly higher than the income originally returned. The Tribunal found that the materials seized during search justified the higher addition to the returned income, leading the assessee to offer an additional income of &8377; 41 lakhs to avoid further consequences. Despite the assessee's argument that penalty should not apply to the additional income offered, the Tribunal and authorities considered it as concealed income, as the disclosure was made after the department had collected evidence and determined the evasion. The penalty was upheld as the income offered after detection was treated as concealed income u/s 271(1)(c) of the Act. Since the penalty was not the maximum, no relief in quantum was granted, resulting in the dismissal of the appeal filed by the assessee for the year 1983-84.
|
