2008 (4) TMI 218 - HC - Income Tax

Concealment of income penalty u/s 271(1)(c) CIT(A) deleted penalty - revenue filed an appeal before the Tribunal on the ground that the assessee had wrongly claimed exemption under Section 10 (36) of the I.T. Act as the said provisions were not applicable to the facts of the assessee s case held that tribunal is justified in upholding the decision of CIT(A) while relying upon its own decision in the case of ACIT v. Amar Nath - no question of law is arising in this appeal

Summary

Issues:
- Appeal against the order of the Income-Tax Appellate Tribunal upholding the deletion of penalty under Section 271(1)(c) of the Income Tax Act, 1961.
- Dispute over the claim of profit exemption under Section 10(36) of the IT Act for the assessment year 2004-05.
- Interpretation of whether the assessee concealed income by furnishing inaccurate particulars.

Analysis:

1. The appellant-revenue filed an appeal under Section 260-A of the Income-Tax Act challenging the order of the Income-Tax Appellate Tribunal (ITA) upholding the deletion of penalty under Section 271(1)(c) for the assessment year 2004-05. The primary issue raised was whether the ITAT was correct in upholding the order of the CIT(A) without thoroughly deliberating on the reasons for imposing the penalty. The case revolved around the assessee's claim of profit exemption under Section 10(36) of the IT Act for shares purchased before 1st March, 2003.

2. The assessee had filed a return declaring an income of Rs. NIL, claiming profit on the sale of shares purchased in 2002 for exemption under Section 10(36) of the IT Act. The Assessing Officer disagreed with the claim, initiating penalty proceedings under Section 271(1)(c) for furnishing inaccurate particulars. The CIT(A) partially allowed the appeal and deleted the penalty, leading to the revenue's appeal before the ITAT. The ITAT, in its order, dismissed the revenue's appeal, prompting the present appeal before the High Court.

3. During the hearing, the appellant's counsel acknowledged the similarity of the present case with a previous decision of the High Court and conceded that no legal question arose for determination. The counsel highlighted the reliance placed by the Tribunal on a specific case while passing the impugned order. Consequently, the High Court dismissed the appeal, emphasizing the absence of any legal issue necessitating its consideration in the appeal.

This comprehensive analysis outlines the key issues addressed in the judgment, including the dispute over penalty imposition, the interpretation of relevant provisions of the IT Act, and the appellate process leading to the High Court's decision to dismiss the appeal.