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- Interpretation of Explanation to section 271(1)(c) of the Income-tax Act, 1961 - Imposition of penalty under section 271(1)(c) on the assessee - Assessment of total income by the Income-tax Appellate Tribunal - Application of law in canceling the penalty order Interpretation of Explanation to section 271(1)(c) of the Income-tax Act, 1961: The case involved a question regarding the correct application of the Explanation to section 271(1)(c) of the Income-tax Act, 1961. The Tribunal had to determine whether the assessee's failure to return the correct income was due to fraud or gross or wilful neglect. The Tribunal found that the assessee had maintained its books honestly and believed they were sufficient for the true ascertainment of profits, indicating no gross or wilful negligence in filing the return. The Tribunal concluded that the neglect, if any, on the part of the assessee was neither fraudulent nor gross or wilful. The court agreed with the Tribunal's interpretation and application of the law, stating that the assessee had satisfied the Tribunal that there was no fraudulent or gross negligence on its part. Imposition of penalty under section 271(1)(c) on the assessee: The Inspecting Assistant Commissioner imposed a penalty of Rs. 11,000 on the assessee under section 271(1)(c) of the Income-tax Act. The assessee contended that it had filed its return correctly and honestly, maintaining regular books of account that were periodically checked by excise department officers. The only issue raised was the verifiability of cash sales made in loose bottles. The Tribunal noted that the term "gross or wilful neglect" covers cases where the return is filed without caring to ascertain if it is based on correct facts. In this case, the Tribunal found that the assessee had not been grossly or wilfully negligent in filing its return, as it honestly believed its bookkeeping was sufficient for accurate profit estimation. As a result, the Tribunal canceled the penalty order imposed by the Inspecting Assistant Commissioner. Assessment of total income by the Income-tax Appellate Tribunal: The Income-tax Appellate Tribunal modified the assessment and estimated the assessee's total income at Rs. 41,669, differing from the Income-tax Officer's determination of Rs. 58,510. The Tribunal's decision was based on a thorough review of the facts and circumstances of the case, ultimately arriving at a different total income figure than the Appellate Assistant Commissioner. This assessment played a crucial role in determining the applicability of the penalty under section 271(1)(c) and the interpretation of the Explanation to section 271(1)(c) of the Income-tax Act. Application of law in canceling the penalty order: The court, after considering the findings and reasoning of the Tribunal, upheld the cancellation of the penalty order imposed on the assessee. The court agreed with the Tribunal's conclusion that the assessee had not been grossly or wilfully negligent in filing its return, as it had maintained its books honestly and in good faith. The court found that the Tribunal correctly applied the law as laid down in the Explanation to section 271(1)(c) of the Income-tax Act to the facts of the case, leading to the cancellation of the penalty order in favor of the assessee.
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