9911796707
|
Home
Issues involved: Petition under s. 256(2) of the I.T. Act, 1961 regarding misdirection by the Tribunal in holding the claim made by the assessee did not arise from fraud or neglect, and deletion of penalty imposed u/s 271(1)(c) of the Act.
Issue 1 - Misdirection in claim by the assessee: The assessee, a firm engaged in manufacturing and sale of water meters, had certain additions made to its total income by the ITO for the year 1967-68. These additions included car expenses, travelling expenses, repair account, and a reserve for bonus. Penalty proceedings were initiated by the ITO under s. 274(2) of the Act, resulting in a penalty being imposed by the IAC. The Tribunal, on appeal, found that the disallowance of certain expenditure, including the reserve for bonus, was made in good faith and could not be a basis for penalty under s. 271(1)(c) of the Act. The Tribunal dismissed the revenue's petition to refer questions of law to the court, stating that the findings were based on material facts and not questions of law. Issue 2 - Deletion of penalty under s. 271(1)(c) of the Act: The Tribunal's decision to delete the penalty imposed under s. 271(1)(c) of the Act was based on the fact that the reserve for bonus, though disallowed by the ITO, was disclosed in the balance sheet attached with the return. The court noted that there was no concealment of this amount by the assessee, as it was a bona fide claim made. In penalty proceedings, mens rea is an essential element, and since the amount was disclosed by the assessee, there was no intent to conceal. The court agreed with the Tribunal's view that there was no justification for imposing a penalty in this case. In conclusion, the court dismissed the petition, upholding the Tribunal's decision, and no costs were awarded.
|
