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2008 (2) TMI 330 - HC - Income TaxAcquisition on land by the State Government allegation that assessee has concealed the particulars of his income regarding enhanced compensation and interest on enhanced compensation AO made addition u/s 45(5) on account of enhanced compensation received & levied penalty u/s 271(1)(C) - view of assessee regarding non taxability of enhanced compensation was bona fide hence ITAT was right in conforming additions but deleting penalty revenue appeal dismissed
Issues:
1. Appeal against the deletion of penalty under Section 271(1)(C) of the Income Tax Act. 2. Bona fide belief of the appellant regarding the taxability of enhanced compensation. Analysis: 1. The appeal was filed by the revenue against the deletion of penalty under Section 271(1)(C) of the Income Tax Act, challenging the order of the Income Tax Appellate Tribunal. The case involved the receipt of additional compensation and interest on land acquisition by the State Government. The initial assessment was set aside, and a subsequent assessment held the enhanced compensation and interest as taxable. Penalty proceedings were initiated, leading to a finding of concealed income and imposition of a penalty equal to 100% of the tax sought to be evaded. However, the Commissioner of Income Tax (Appeals) allowed the assessee's appeal, citing the ongoing litigation on the taxability of the enhanced compensation and the appellant's bona fide belief that the income was not taxable. The Tribunal also dismissed the revenue's appeal against this decision. 2. The revenue's appeal before the High Court was based on similar facts as a previous judgment of the Court. The Court noted that the revenue's appeal had been dismissed in the earlier case, where the same question of law had been raised. The Court found no substantial question of law to interfere with the Tribunal's findings. The appellant's counsel acknowledged the similarity with the previous judgment, leading the Court to dismiss the present appeal, affirming the Tribunal's decision.
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