2021 (7) TMI 1087 - AT - Income Tax

Penalty u/s. 271(1) (c) - difference between the figures of capital gain initially computed and capital gain lately computed, for taxation - HELD THAT - Assessee after receiving the notice u/s. 143(2) filed revised computation after coming to the knowledge that the assessee has filed the calculation sheet of the capital gains and offered the same for taxation. Thus, the assessee has admitted the mistake before the Assessing Officer could detect such omission. Thus, it is not a case of furnishing of inaccurate particulars or concealment of income before the AO - Section 271 of the Act comes into picture when there is a failure to furnish returns or there is concealment of income or furnishing of inaccurate particulars before the Assessing Officer. In the present case before the AO, all the relevant facts were already available and the mistake has been rectified by the assessee prior to the mistake pointed out by the Assessing Officer to the assessee during the assessment proceedings. Therefore, the order of the CIT(A) is not correct, as there is no concealment of income or furnishing of inaccurate particulars. The penalty levied u/s. 271(1)(c) of the Act is therefore quashed. The appeal of the assessee is allowed. Thus, it does not amount to inaccurate furnishing of particulars or concealment of income tax. - Decided in favour of assessee.

Summary

Issues: Penalty proceedings under Section 271(1)(c) - Validity of penalty notice specifying charge - Concealment of income or furnishing inaccurate particulars

In this case, the assessee appealed against the penalty order passed by the CIT (A) for the assessment year 2013-14. The assessee, an individual earning income from property transactions, claimed deductions in the return filed electronically. The assessment under section 142(3) resulted in an addition to the declared income due to differences in capital gain calculations. Subsequently, a penalty notice under section 271(1)(c) was issued and a penalty was imposed. The appeal argued that the penalty proceedings and order should be quashed as the charge was not specified in the notice. The assessee contended that the penalty under section 271(1)(c) was not justified as the difference in capital gain was voluntarily disclosed before the Assessing Officer identified the error. The argument was supported by citing relevant case laws. The Department, however, maintained that the notice covered both limbs of section 271(1)(c) and was valid. The ITAT observed that while the notice mentioned both limbs, the penalty order only referred to furnishing inaccurate particulars, not concealment of income. The ITAT noted that the error in capital gain calculation was rectified by the assessee before being detected by the Assessing Officer during assessment. As such, there was no deliberate concealment or inaccurate furnishing of particulars. Therefore, the ITAT held that the penalty under section 271(1)(c) was not justified and quashed the penalty. The appeal of the assessee was allowed, and the penalty was set aside, emphasizing that there was no concealment or inaccurate furnishing of particulars.

In conclusion, the ITAT ruled in favor of the assessee, allowing the appeal and quashing the penalty imposed under section 271(1)(c) for the assessment year 2013-14. The judgment highlighted the importance of distinguishing between deliberate concealment or inaccurate particulars and inadvertent errors rectified before detection by the Assessing Officer. The decision emphasized that penalty provisions apply in cases of concealment or inaccurate furnishing of particulars before the Assessing Officer, which was not the situation in this case.