2022 (1) TMI 734 - AT - Income Tax

Penalty u/s 271(1)(c) - disallowances of sub standard/non standard NPA Assets loss on sale of furniture s and fixtures and disallowance of deduction u/s 80P(2) (d) on dividend receipt - HELD THAT - Before the Assessing Authority it was stated that it was mandatory on the part of the assessee bank as per RBI Guidelines to make provision for NPA Assets. Hence the claim was made as per the RBI guidelines. Therefore in our considered view this claim of the assessee was debatable. The authorities below ought not to have imposed the penalty and confirmed the same. The Assessing Officer is directed to delete penalty imposed in respect of disallowance of Standard/Sub Standard NPA assets. In respect of the other items it is seen that the assessee claimed loss on sale of furniture s and fixtures and in respect of the claim of deduction u/s 80P (2)(d) both these expenses were rightly disallowed hence the penalty on these items is sustained. The ground of appeal of the assessee is partly allowed.

Summary

Issues:
Penalty under section 271(1)(c) for inaccurate particulars of income.

Analysis:
The appeal was filed against the order of the Ld. CIT (A) confirming the penalty under section 271(1)(c) of the Income Tax Act, 1961. The case involved the assessment year 2012-13, where the Assessing Officer assessed the income higher than the declared amount, resulting in penalty proceedings. The penalty was imposed for various disallowances made by the Assessing Officer, including provisions for NPA assets, gratuity, and other expenses. The Ld.CIT(A) partly allowed the appeal, deleting the penalty for some disallowances but sustaining it for others, leading to the current appeal before the Tribunal.

The assessee contended that there was no concealment of income or furnishing of inaccurate particulars, emphasizing that the claims were made in good faith and were debatable. The Ld. DR, however, supported the orders of the authorities below, arguing that the expenses claimed were not admissible under the law. The Tribunal considered the submissions and material on record, noting that certain disallowances were made without supporting details or approvals, while others were rightly disallowed as they were not debatable claims. The Tribunal found that the claim related to NPA assets was made in accordance with RBI guidelines, making it debatable and not warranting a penalty.

Ultimately, the Tribunal held that the penalty imposed in relation to the disallowance of Standard/Sub Standard NPA assets should be deleted as the claim was made following RBI guidelines. However, the penalty on other items like loss on sale of furniture and deduction u/s 80P(2)(d) was sustained as these expenses were rightly disallowed. The appeal of the assessee was partly allowed, resulting in the deletion of penalty for certain disallowances while upholding it for others.

In conclusion, the Tribunal's decision highlighted the importance of assessing the nature of claims made by the assessee and whether they were debatable or not. The judgment emphasized that penalties should not be imposed arbitrarily but based on a thorough examination of the facts and circumstances surrounding the case.