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2021 (10) TMI 825 - AT - Income TaxPenalty levied u/s. 271(1)(c) - estimated rate of profit applied on the turnover of the assessee - HELD THAT - Similar view has been taken in the case of CIT v. Aero Traders Pvt. Ltd. 2010 (1) TMI 32 - DELHI HIGH COURT wherein the Hon'ble High Court affirmed the order of the Tribunal in holding that estimated rate of profit applied on the turnover of the assessee does not amount to concealment or furnishing inaccurate particulars. In the case on hand the Assessing Officer has only estimated the Gross Profit on the alleged non-genuine purchases without there being any conclusive proof of concealment of income or furnishing inaccurate particulars of such income. Thus, we do not observe any infirmity in the order passed by the CIT(A) in deleting the penalty u/s.271(1)(c) of the Act levied by the AO for the Assessment Year under consideration. Grounds raised by the revenue are rejected. Appeal of the revenue is dismissed.
Issues Involved:
1. Deletion of penalty levied under Section 271(1)(c) of the Income Tax Act. 2. Estimation of profit element from non-genuine purchases. 3. Legal precedent on penalty levied on estimated income. Issue-wise Detailed Analysis: 1. Deletion of Penalty Levied under Section 271(1)(c) of the Income Tax Act: The appeal concerns the deletion of a penalty levied under Section 271(1)(c) of the Income Tax Act by the Assessing Officer (AO) for the Assessment Year (A.Y.) 2009-10. The AO had imposed a penalty of ?2,00,112 on the grounds that the assessee furnished inaccurate particulars of income and concealed its income. The penalty was levied following the reassessment of the assessee's income, where the AO treated certain purchases as non-genuine based on information from the Director General of Income Tax (Investigation), Mumbai. However, the Learned Commissioner of Income-tax (Appeals) [Ld. CIT(A)] deleted the penalty, reasoning that the disallowance was made based on an estimation of gross profit on the purchases. The Income Tax Appellate Tribunal (ITAT) upheld this deletion, citing established legal positions that penalty cannot be levied when the income is determined on an ad hoc estimation basis. 2. Estimation of Profit Element from Non-Genuine Purchases: The AO had treated purchases amounting to ?36,38,274 as non-genuine since the assessee could not produce delivery challans to prove actual receipt of goods. The AO estimated the profit element from these non-genuine purchases at 17.8%, resulting in an additional taxable amount of ?6,47,613. The assessee accepted this estimation and did not appeal further. The ITAT noted that the estimation was ad hoc and based on similar cases where the profit element was estimated, and no penalty was levied. The Tribunal referenced cases like Shri Deepak Gogri v. Income Tax Officer and DCIT v. Manohar Manak, Alloys Pvt. Ltd., where it was held that penalty is not applicable when income is assessed based on estimated profits from alleged non-genuine purchases. 3. Legal Precedent on Penalty Levied on Estimated Income: The judgment extensively referenced legal precedents to support the decision that penalties under Section 271(1)(c) cannot be levied when income is determined on an estimation basis. The Tribunal cited the case of Harigopal Singh v. CIT, where the Punjab & Haryana High Court held that penalty provisions do not apply when income is assessed on an estimate basis, and additions are made accordingly. The Delhi High Court in CIT v. Aero Traders Pvt. Ltd. also affirmed that estimated profit rates applied to turnover do not amount to concealment or furnishing inaccurate particulars of income. These precedents emphasize that for a penalty to be levied, there must be concrete evidence of concealment or furnishing of inaccurate particulars, which was not present in the case at hand. Conclusion: In conclusion, the ITAT dismissed the revenue's appeal and upheld the Ld. CIT(A)'s order deleting the penalty. The Tribunal reiterated that penalties under Section 271(1)(c) cannot be imposed when income is assessed based on ad hoc estimations, as there is no conclusive proof of concealment or furnishing inaccurate particulars of income. The judgment aligns with established legal principles that emphasize the necessity of concrete evidence for imposing penalties, particularly in cases involving estimated income.
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