2008 (2) TMI 329 - HC - Income Tax

Penalty proceedings under Section 271(1)(C) - penalty proceedings were kept in abeyance as the assessee had filed an appeal before the Commissioner of Income Tax (Appeals) - Whether on the facts and in the circumstances of the case, the ITAT was right in deleting the penalty levied, when the quantum of income assessed, which forms the basis for levy of the penalty, has not attained its finality Held, yes revenue s appeal dismissed

Summary

Issues:
1. Appeal filed by the revenue under Section 260-A of the Income Tax Act, 1961 against the ITAT order.
2. Deletion of penalty levied under Section 271(1)(C) of the Act by the ITAT.
3. Assessment year 1995-96 and additions made by the Assessing Officer.
4. Appeal by the revenue against the CIT(A) relief on unexplained cash addition.
5. Imposition of penalty under Section 271(1)(C) by the Assistant Commissioner of Income Tax.
6. Dismissal of the appeal against penalty by the CIT(A) and subsequent quashing of penalty by the ITAT.
7. Survival of the present appeal by the revenue after the dismissal of the quantum appeal.

Analysis:
1. The appeal was filed by the revenue under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT). The substantial question of law raised was whether the ITAT was right in deleting the penalty levied when the income assessed, forming the basis for the penalty, was not finalized.

2. The assessment for the year 1995-96 was completed with additions made by the Assessing Officer, leading to penalty proceedings under Section 271(1)(C) of the Act. The penalty proceedings were put on hold as the assessee appealed to the Commissioner of Income Tax (Appeals), Chandigarh. The CIT(A) deleted certain additions but confirmed others, prompting the revenue to appeal to the ITAT on the issue of unexplained cash.

3. The ITAT dismissed the revenue's appeal, upholding the relief granted by the CIT(A) regarding the unexplained cash addition. Subsequently, the revenue filed an appeal under Section 260-A of the Act against the ITAT's decision, leading to the current proceedings.

4. The Assistant Commissioner of Income Tax imposed a penalty under Section 271(1)(C) on the assessee, which was challenged by the assessee but upheld by the CIT(A). However, the ITAT later allowed the assessee's appeal and annulled the penalty, prompting the revenue to appeal against this decision.

5. During the hearing, it was noted that the quantum appeal filed by the revenue against the assessee had already been dismissed by the Court. Consequently, it was determined that the present appeal by the revenue was no longer valid as no substantial question of law remained for consideration, leading to the dismissal of the appeal.