2020 (2) TMI 465 - HC - Income Tax

Penalty u/s 271(1)(c) - bogus professional fees - HELD THAT - Mr. Singh fairly submits that in the quantum appeal 2019 (2) TMI 178 - BOMBAY HIGH COURT this Court by order had dismissed the appeal filed by the revenue upholding the order passed by the Tribunal. Tribunal had deleted the addition made by the Assessing Officer. It may also be stated that penalty was imposed following addition made by the Assessing Officer. Imposition of penalty by the Assessing Officer was interfered in appeal against which the present appeal arises. Quantum appeal by the revenue has been dismissed by this Court, the very foundation for sustaining the present appeal no longer survives.

Summary

Issues:
Deletion of penalty under Section 271(1)(c) of the Income Tax Act, 1961 by the Tribunal.

Analysis:
The judgment by the High Court of Bombay pertains to an appeal under Section 260A of the Income Tax Act, 1961, filed by the revenue against an order passed by the Income Tax Appellate Tribunal. The main issue in question was the deletion of a penalty of ?1,14,42,717.00 imposed under Section 271(1)(c) of the Act on account of alleged bogus professional fees paid to an individual named Shri. S.K. Gupta. The Tribunal had previously deleted the addition made by the Assessing Officer, which led to the imposition of the penalty. The revenue's appeal against the Tribunal's decision was dismissed by the High Court in a previous quantum appeal, thereby affecting the basis for the current appeal.

The Court noted that since the quantum appeal by the revenue had already been dismissed, the grounds for sustaining the present appeal no longer existed. As a result, the High Court dismissed the current appeal without any order as to costs. The judgment highlights the importance of the prior dismissal of the revenue's appeal in relation to the penalty imposed under Section 271(1)(c) of the Income Tax Act, ultimately leading to the dismissal of the current appeal by the High Court.

This case underscores the significance of the Tribunal's decision in deleting the addition made by the Assessing Officer, which subsequently resulted in the imposition of the penalty under Section 271(1)(c) of the Act. The dismissal of the revenue's quantum appeal by the High Court played a crucial role in the outcome of the present appeal, as it removed the foundation for sustaining the appeal challenging the deletion of the penalty. The judgment emphasizes the interplay between the decisions made at different stages of the legal process and their impact on subsequent appeals and penalties imposed under the Income Tax Act, 1961.