1982 (2) TMI 91 - AT - Income Tax

Summary

Issues:
1. Appeal against cancellation of penalty under section 271(1)(c) imposed by the ITO.
2. Disclosure of investments in the return and the charge of concealment of income.

Detailed Analysis:
1. The appeal was filed by the revenue against the order of the AAC cancelling the penalty under section 271(1)(c) imposed by the ITO. The assessee, a HUF, had investments in potatoes in cold storage, business of fertilizers, and gold jewelry. The ITO imposed a penalty of Rs. 14,437 under section 271(1)(c) for concealment of income. The AAC cancelled the penalty stating that all items were disclosed in the return. The revenue contended that mere disclosure does not absolve the assessee of concealment. The assessee argued that the items were disclosed in Part III of the return as per the prescribed form, and the penalty was unjustified.

2. The dispute centered around the disclosure of investments in the return and the charge of concealment of income. The AAC cancelled the penalty based on the disclosure in Part III of the return. The assessee argued that the revenue authorities assured that disclosing disputed items in the return would not lead to concealment charges. The ITO's penalty was based on the investments in fertilizers and potatoes, which were disclosed in the return. The Tribunal noted that the earliest point for disclosure is when the return is filed, and any actions before that are immaterial. The Tribunal found that the penalty imposed by the ITO was unjustified, considering the disclosure in the return and the assurance given by the revenue authorities. The appeal was dismissed, upholding the cancellation of the penalty by the AAC.