2017 (2) TMI 855 - AT - Income Tax

Penalty under section 271(1)(c) - addition on peak credit in view of the statement given by the assessee s partner - Held that - The fact remains is that the Assessing Officer has not given opportunity of cross-examining the partner Shri Korata Srinivasa Rao however by relying on the statement addition is made. When the assessee has given a detailed explanation during the course of the penalty proceedings the Assessing Officer simply disbelieved the explanation given by the assessee. It is not the case of the Assessing Officer that the explanation given by the assessee either false or not bonafide. The case law relied on by the assessee in the case of G.R. Rajendran (2002 (10) TMI 71 - MADRAS High Court) has held that section 271(1)(c) refers to the explanation offered by the person being found to be false or not being one which the person offering the explanation is able to substantiate. The consideration of the explanation offered is therefore duty cast upon the officer imposing penalty. In the absence of such consideration and the finding that the explanation is false or that the assessee had failed to substantiate the explanation offered the officer cannot proceed to hold that there has been concealment of income attracting levy of penalty. Thus it is not a fit case for imposing penalty under section 271(1)(c) of the Act. - Decided in favour of assessee

Summary

Issues Involved:
Appeal against delay in filing, unexplained investment in bank account, peak credit addition, penalty under section 271(1)(c), violation of principles of natural justice, explanation of income, cross-examination rights, consideration of explanation, imposition of penalty.

Analysis:

1. Delay in Filing Appeal:
The assessee filed an appeal against the orders passed by the Commissioner of Income Tax (Appeals) after a delay of 26 days. The assessee explained the delay due to a medical condition and provided a medical certificate. The Tribunal condoned the delay, considering the justified cause presented by the assessee.

2. Unexplained Investment in Bank Account:
The Assessing Officer noted significant deposits and withdrawals in the assessee's bank account, leading to suspicion. The assessee explained that the transactions were related to a business conducted on behalf of a Hindu Undivided Family (HUF). However, the Assessing Officer treated the deposits as unexplained investments of the assessee, resulting in a peak credit addition.

3. Peak Credit Addition and Penalty Imposition:
On appeal, the Commissioner of Income Tax (Appeals) partially accepted the explanation, reducing the peak credit amount. Subsequently, penalty proceedings were initiated under section 271(1)(c) based on alleged concealment of income. The Assessing Officer imposed a penalty, which was confirmed by the Commissioner of Income Tax (Appeals).

4. Violation of Principles of Natural Justice and Explanation Consideration:
The assessee argued that the Assessing Officer violated principles of natural justice by not allowing cross-examination of a partner involved in the business. The Tribunal found that the explanation provided by the assessee was not false or not substantiated, as required under the law for penalty imposition. The Tribunal reversed the decision of the Commissioner of Income Tax (Appeals) and held that it was not a fit case for penalty under section 271(1)(c) of the Act.

5. Appeals Related to Identical Issues:
The issues raised in additional appeals (ITA Nos. 542 & 543/VIZ/2014) were found to be identical to the main appeal (ITA No. 541/VIZ/2014). Therefore, the decision taken in the main appeal was applied mutatis mutandis to these appeals as well.

In conclusion, the Tribunal allowed the appeals filed by the assessee, reversing the penalty imposed under section 271(1)(c) based on the lack of substantiated evidence of concealment of income. The judgment highlighted the importance of considering explanations provided by taxpayers and ensuring the principles of natural justice are upheld during assessment and penalty proceedings.