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2016 (9) TMI 991 - AT - Income TaxPenalty u/s 271(1)(c) - LTCG V/S STCG - treatamnet to capital gain - Held that - We are of the considered view that the learned CIT (A) has confirmed the penalty levied by the AO on the basis that the assessee sought undue advantage by seeking to declare income earned from shares as long term capital gains when in the quantum appeal the Tribunal treated the same as short term capital gains. In our considered view, mere making a claim under wrong head does not automatically constitute that any details supplied by the assessee before the Assessing Officer are not accurate and penalty can be levied. Our this view is fortified by the judgment of the Hon ble Apex Court rendered in the case of CIT Vs Reliance Petroproducts Pvt. Ltd. 2010 (3) TMI 80 - SUPREME COURT . Accordingly, we reverse the findings of the learned CIT (A). Consequently, the penalty levied on the assessee is deleted. - Decided in favour of assessee.
Issues Involved:
1. Confirmation of penalty under section 271(1)(c) of the Income Tax Act. 2. Inclusion of surcharge and education cess in the penalty calculation. 3. Validity of the penalty order. 4. Penalty on addition of alleged commission deleted in quantum appeal. Detailed Analysis: 1. Confirmation of Penalty under Section 271(1)(c): The primary issue was whether the penalty of ?6,93,053 levied under section 271(1)(c) of the Income Tax Act was justified. The assessee declared long-term capital gains of ?23,58,900 from shares of Inter-link Finance Ltd. (ILFL) as exempt under section 10(38). The Assessing Officer (AO) found this claim untenable, treating the amount as income from undisclosed sources and imposed a penalty. The CIT(A) upheld the penalty, stating that the assessee neither furnished accurate particulars of income nor substantiated the claim of long-term capital gains, indicating concealment of income and furnishing inaccurate particulars. 2. Inclusion of Surcharge and Education Cess in Penalty Calculation: The appellant contested the inclusion of surcharge and education cess in the penalty calculation, arguing that these should not be considered part of "tax" for penalty purposes. However, the CIT(A) did not provide specific relief on this ground and upheld the penalty as calculated by the AO. 3. Validity of the Penalty Order: The appellant argued that the penalty order was bad in law and should be quashed. The Tribunal referred to the quantum appeal order, which indicated that the shares were purchased before 31.03.2005 and sold on 18.04.2005, thus the gains should be treated as short-term capital gains. The Tribunal noted that the assessee had disclosed all relevant details, and mere disagreement on the nature of gains (long-term vs. short-term) did not constitute concealment of income or furnishing inaccurate particulars. The Tribunal cited the Supreme Court's judgment in CIT Vs Reliance Petroproducts Pvt. Ltd., which held that mere making a wrong claim does not amount to furnishing inaccurate particulars. 4. Penalty on Addition of Alleged Commission Deleted in Quantum Appeal: The appellant contended that the penalty should be reduced proportionately since the Tribunal had deleted the addition of ?1,17,945 on account of commission in the quantum appeal. The Tribunal agreed, noting that the penalty could not be sustained on amounts where the corresponding addition had been deleted. Conclusion: The Tribunal concluded that the penalty under section 271(1)(c) was not warranted as the assessee had disclosed all relevant facts and the issue was merely a legal disagreement on the nature of capital gains. The penalty of ?6,93,053 was deleted, and the appeal was allowed. The Tribunal emphasized that making a claim under a wrong head does not automatically constitute inaccurate particulars, aligning with the Supreme Court's judgment in CIT Vs Reliance Petroproducts Pvt. Ltd.
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