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Issues involved: Application of Explanation to section 271(1)(c) of the Income-tax Act in determining penalty imposition.
Summary: The High Court of Orissa was required to address the question of whether the decision of the Appellate Tribunal to not levy a penalty was in line with the law as per the Explanation to section 271(1)(c) of the Income-tax Act. The case involved reassessments for multiple years due to certain cash credits being treated as income, leading to penalty proceedings under section 271(1)(c). The assessee contended that there was no admission of concealment and that penalties were unjustified. The Tribunal found fault with the imposition of penalties by the Inspecting Assistant Commissioner, highlighting discrepancies in the evidence presented. The Tribunal applied the principle that penalties should not be imposed unless there is deliberate defiance of the law or contumacious conduct. The Tribunal's decision was challenged by the revenue, arguing that the Tribunal overlooked the proviso added to the Act in 1964. However, the assessee's counsel maintained that the Tribunal considered all relevant circumstances and found no concealment or wilful neglect by the assessee. The Tribunal's analysis was compared to previous court decisions emphasizing that the burden of proof lies on the assessee to show the absence of fraud or wilful neglect. The court reiterated that the Tribunal had correctly considered the facts and circumstances of the case in determining the imposition of penalties. The power to impose penalties was deemed discretionary, subject to satisfaction by the Income-tax Officer, which can be reviewed in appeals. Ultimately, the High Court upheld the decision of the Appellate Tribunal to not levy a penalty, stating that it was in accordance with the law as per the Explanation to section 271(1)(c) of the Income-tax Act. The judgment was delivered by R. N. Misra J., with agreement from N. K. Das.
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