2018 (2) TMI 1590 - AT - Income Tax

Penalty on the disallowance of expenditure on estimate basis- Held that - Respectfully following the judgment of the Hon ble Jurisdictional High Court in Commissioner of Income Tax vs. Nokia India Pvt. Ltd. (2012 (7) TMI 35 - Delhi High Court) wherein held that the penalty on estimation basis cannot be sustained. Thus direct the assessing officer to delete this penalty. Penalty on disallowance in respect of made on account of foreign travel - assessee submitted that the supporting evidences were destroyed in fire he submitted that the travel by the Directors of the Company abroad was for the business purpose - Held that - The factum of the destruction of evidence in fire is not rebutted by the revenue by placing any contrary material on record. We, therefore, under the facts of the present case hold that the claim of the assessee was bona fide and direct the assessing officer to delete the penalty. - Assessee appeal allowed.

Summary

Issues Involved:
1. Sustaining penalty on the disallowance of expenditure on an estimate basis.
2. Confirming penalty against the sustenance of disallowance made on account of foreign travel.

Analysis:

Issue 1: Sustaining penalty on the disallowance of expenditure on an estimate basis:
The appeal was against the penalty imposed on the disallowance of expenditure amounting to ?43,24,615 on an estimate basis. The assessing officer had sustained the additions related to the claim of defective goods and foreign traveling expenses, leading to the initiation of penalty proceedings. The appellant argued that the penalty should not be sustained as the disallowance was made purely on an estimation basis. Citing the case of Commissioner of Income Tax vs. Nokia India Pvt. Ltd., the appellant contended that penalties on estimation basis cannot be upheld. The High Court's judgment in the Nokia case was referred to, emphasizing that where only a portion of the claim is disallowed on an estimate basis, it does not warrant a penalty under section 271(1)(c). The Tribunal, in line with the Nokia case, directed the assessing officer to delete the penalty, as the case laws cited by the Departmental Representative were deemed inapplicable.

Issue 2: Confirming penalty against the sustenance of disallowance made on account of foreign travel:
The second ground of appeal was against confirming the penalty on the disallowance made on account of foreign travel. The appellant argued that the disallowance was based on suspicion, as the requisite details could not be furnished due to the destruction of supporting evidence in a fire. It was asserted that the travel by the Company's Directors abroad was for business purposes, and the claim was made in good faith. The assessing officer did not present any adverse material against the assessed. The Tribunal, considering the uncontested fact of evidence destruction in a fire, held that the claim was bona fide. Consequently, the penalty was directed to be deleted, and the appeal of the assessee was allowed.

In conclusion, the Tribunal, following the legal precedents and factual circumstances of the case, directed the assessing officer to delete the penalties imposed on the appellant for both issues raised in the appeal, emphasizing the importance of bona fide claims and the lack of adverse material against the assessed.