2005 (9) TMI 78 - HC - Income Tax

Penalty Concealment of Income Tribunal cancelled the penalty on the ground that assessed income is loss and there was no concealment on the part of assessee - Tribunal has found on facts that no penalty is leviable merely on the basis of estimated addition relating to cost of construction and profits in respect of business receipts. Similarly, even with regard to disallowance of investment allowance in relation to the hotel building, the Tribunal has found that no penalty for concealment is leviable HC uphold the order of tribunal penalty is not leviable.

Summary

Issues:
1. Whether the Tribunal was correct in canceling the penalty under section 271(1)(c) of the Income-tax Act when the assessed income is a loss?
2. Whether there was concealment on the part of the respondent?

Analysis:

Issue 1:
The appellant Revenue challenged the Tribunal's decision to cancel the penalty under section 271(1)(c) of the Income-tax Act when the assessed income resulted in a loss. The Tribunal based its decision on the introduction of Explanation 4 to section 271(1)(c) and precedent from the assessee's case for other assessment years. The High Court noted that the Tribunal's decision was consistent with previous rulings and rejected the Revenue's reference application. The Supreme Court also dismissed the special leave petition related to this matter. The Tribunal found that if the finally assessed income is a loss, no penalty is leviable, and Explanation 4 does not apply in such cases. The High Court upheld the Tribunal's decision, emphasizing that no substantial question of law arises from the order, and the appeal was consequently dismissed.

Issue 2:
Regarding the question of concealment on the part of the respondent, the Tribunal found that no penalty was leviable based on estimated additions related to the cost of construction and profits from business receipts. Additionally, the Tribunal determined that no penalty for concealment was applicable concerning the disallowance of investment allowance in connection with the hotel building. The High Court affirmed the Tribunal's findings, stating that in the absence of any flaws in the Tribunal's order, there was no basis for raising a legal question. Consequently, the appeal was dismissed, and the decision regarding the absence of concealment on the part of the respondent was upheld.