2020 (11) TMI 272 - AT - Income Tax

Penalty u/s 271(1)(c) - disallowance of interest expenses - estimated interest expenses in proportion to the corresponding interest free advances given by the assessee - Whether there is neither concealment of particulars nor inaccurate particulars of income for bonafide claim of interest expenses? - HELD THAT - While a claim towards expenditure may not found acceptable in quantum proceedings, such disallowance cannot invite tax burden by way of penalty. When all material facts relevant to the said claim were placed on record, the presence or absence of commercial instinct in a given case is a matter of inference. Such adverse inference against assessee would not attract imposition of penalty. The claim of expenditure towards interest made, at best, be taken as erroneous claim by the assessee. Such claim made in a bonafide manner cannot lead imposition of penalty. Although such claim may not be maintainable for the purposes of quantum proceedings, however, in the absence of any falsity per se in such claim, making an incorrect claim for deduction is not at par with concealment or inaccurate particulars of income. As in the case of CIT vs. Dalmia Dyechem Industries Ltd 2015 (7) TMI 619 - BOMBAY HIGH COURT to observe that the penalty cannot be imposed unless the action of the assessee per se is dishonest, malafide and amounting to concealment of facts. There, being no concealment of fact per se, imposition of penalty is not justified. The penalty, in our view, is clearly not maintainable in the absence of any contumacious or dishonest conduct - Decided in favour of assessee.

Summary

Issues:
Imposition of penalty under section 271(1)(c) of the Income Tax Act, 1961 on disallowance of interest expenses.

Detailed Analysis:

1. Background and Disallowance of Interest Expenses:
The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) concerning the penalty order passed by the Assessing Officer under section 271(1)(c) of the Income Tax Act, 1961 for AY 2012-13. The Assessing Officer disallowed interest expenses claimed by the assessee on borrowed funds due to interest-free advances made to an associate, resulting in the reduction of taxable income. Subsequently, a penalty of ?9,54,528 was imposed on the disallowance made towards interest expenses.

2. CIT(A) Decision and Legal Interpretations:
The CIT(A) upheld the penalty, stating that the assessee failed to substantiate the interest-free advances and did not provide evidence during the proceedings. The CIT(A) referred to various legal judgments, including the Supreme Court's decision in K.P. Madhusudan vs. CIT, to justify the penalty under section 271(1)(c). The CIT(A) emphasized the strict liability imposed on the assessee for furnishing inaccurate particulars of income.

3. Tribunal's Analysis and Decision:
The Tribunal analyzed the imposition of penalty under section 271(1)(c) and emphasized that concealment or furnishing inaccurate particulars of income must be established for penalty imposition. It noted that the disallowance of expenses on an estimated basis does not automatically constitute concealment or inaccurate particulars. The Tribunal referred to the Explanation 1 to Section 271(1)(c) to highlight the independence of assessment and penalty proceedings. It also cited the Bombay High Court's judgment in CIT vs. Dalmia Dyechem Industries Ltd., stating that penalty requires dishonest or malafide conduct amounting to concealment of facts.

4. Tribunal's Decision and Outcome:
The Tribunal found that the imposition of penalty was not justified as there was no dishonest or malafide conduct on the part of the assessee. It concluded that the penalty was not maintainable in the absence of concealment of facts, and hence directed the Assessing Officer to delete the penalty imposed on the disallowance of estimated interest expenditure. Consequently, the appeal of the assessee was allowed ex parte.

This detailed analysis provides a comprehensive overview of the legal judgment, highlighting the key issues, decisions, and legal interpretations involved in the case.