2016 (4) TMI 998 - AT - Income Tax

Penalty u/s 271(1)(c) - AO recomputed the deduction u/s 80IB(10) - reduction in the value of stock-in-trade to the tune of 10% on the ground that the building constructed were held as stock-in-trade and were leased out during the year - Held that - CIT(A) had dealt with this issue in great detail and rightly deleted the penalty by accepting the contention of the assessee who relying on the decision of the Hon ble Supreme Court in the case of CIT vs. Reliance Petroproducts (2010 (3) TMI 80 - SUPREME COURT ). We also find that the ld. CIT(A) further found that the reduction in the value of stock-in-trade was tax neutral as ultimately in the year of sale of said stock in trade, the higher profit would be automatically accounted for and would be accruing to the assessee by claiming lower value of stock in trade. In the case of Reliance Petro products (supra), it has been held that mere making the claim which is not sustainable in law, itself would not amount to furnishing of inaccurate particulars of income. Thus we uphold the order of CIT(A) deleting the penalty levied by the AO by dismissing the appeal of the revenue. - Decided in favour of assessee

Issues Involved:
1. Deletion of penalty levied under section 271(1)(c) for allocation of common expenses towards projects eligible for deduction under section 80IB(10).
2. Deletion of penalty levied under section 271(1)(c) for disallowance of reduction of 10% claimed on stock-in-trade.

Issue-Wise Detailed Analysis:

1. Deletion of Penalty Levied Under Section 271(1)(c) for Allocation of Common Expenses Towards Projects Eligible for Deduction Under Section 80IB(10):

The assessee, engaged in real estate development and slum rehabilitation, filed its return of income for the assessment year 2001-02, declaring a total income of Rs. 1,49,46,426/-. During scrutiny, the assessment was completed at Rs. 2,44,58,100/-. A search and seizure operation conducted under section 132 led to the assessment being completed at Rs. 1,90,05,793/-. The assessee claimed a deduction under section 80IB(10) amounting to Rs. 3,91,88,997/-. The AO found discrepancies in the allocation of common expenses to projects eligible for deduction under section 80IB(10). The AO initiated penalty proceedings under section 271(1)(c) for furnishing inaccurate particulars of income and suppressing taxable income by manipulating the allocation of expenses.

The CIT(A) deleted the penalty, holding that the allocation of common expenses was a debatable issue and not a case of concealment or furnishing inaccurate particulars of income. The CIT(A) relied on the Supreme Court's decision in CIT vs. Reliance Petroproducts, which held that making a claim not sustainable in law does not amount to furnishing inaccurate particulars of income. The Tribunal upheld the CIT(A)'s order, stating that the assessee's method of allocating expenses was accepted by the department in previous years and was in accordance with Accounting Standards.

2. Deletion of Penalty Levied Under Section 271(1)(c) for Disallowance of Reduction of 10% Claimed on Stock-in-Trade:

The assessee claimed a reduction of 10% on the value of stock-in-trade (buildings) due to wear and tear, in accordance with Accounting Standard-2 issued by the Institute of Chartered Accountants of India. The AO disallowed this reduction, stating that the real estate prices were appreciating, and initiated penalty proceedings under section 271(1)(c) for furnishing inaccurate particulars of income.

The CIT(A) deleted the penalty, holding that the reduction in the value of stock-in-trade was tax neutral, as the higher profit would be accounted for in the year of sale. The CIT(A) again relied on the Supreme Court's decision in CIT vs. Reliance Petroproducts, which held that making a claim not sustainable in law does not amount to furnishing inaccurate particulars of income. The Tribunal upheld the CIT(A)'s order, stating that the assessee's method of valuing stock-in-trade was in accordance with accepted accounting principles and standards.

Conclusion:

The Tribunal dismissed the appeals of the revenue, confirming the CIT(A)'s order deleting the penalties levied under section 271(1)(c) for both the allocation of common expenses and the reduction in the value of stock-in-trade. The Tribunal emphasized that making claims based on accepted accounting practices and standards, even if ultimately disallowed, does not amount to concealment or furnishing inaccurate particulars of income. The Tribunal's decision was consistent across all assessment years involved in the appeals.

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