1978 (5) TMI 54 - AT - Income Tax

Summary

Issues:
1. Confirmation of penalty under section 271(1)(c) of the Income Tax Act by the Appellate Tribunal for the assessment year 1968-69.

Detailed Analysis:

1. The appeal before the Appellate Tribunal concerned the confirmation of a penalty of Rs. 12,250 by the Income Tax Officer (ITO) under section 271(1)(c) of the Income Tax Act for the assessment year 1968-69. The penalty was imposed as the assessee had not disclosed income from property and income from a lorry, totaling Rs. 12,250, in the return filed for that year. The penalty was confirmed by the Appellate Assistant Commissioner (AAC).

2. The assessee explained that the lorry's income belonged to his minor brother to whom he had gifted an amount for the lorry's purchase. The Income Tax Officer, however, held that there was no proof of the alleged gift and estimated the income from the lorry for various assessment years. The Tribunal observed that the lorry's income actually belonged to the assessee, but the assessee argued that the penalty proceedings required separate proof that the income belonged to him.

3. Regarding the income from property, the assessee claimed that since the property was not rented out during the assessment year, he believed no income was assessable. The Revenue contended that the assessee failed to provide satisfactory evidence of the gift or the income source, leading to contradictions in statements. The Revenue argued that the assessee created a device to conceal income.

4. The Tribunal analyzed both issues separately. Firstly, regarding the income from property, it held that the assessee's belief that no income was assessable due to the property not being rented out was reasonable. Therefore, the Tribunal concluded that no penalty was warranted for concealing property income.

5. Secondly, concerning the income from the lorry, the Tribunal noted that the lorry was registered in the brother's name, and the assessee's explanation that the income was used for educational expenses was not conclusively disproved by the Revenue. The Tribunal emphasized that rejecting the assessee's explanation did not automatically warrant a penalty. It held that the Revenue must independently prove that the additions made by the ITO represent the assessee's income, which was not established in this case. Therefore, the Tribunal ruled that no penalty under section 271(1)(c) should be imposed.

6. In conclusion, the Tribunal set aside the penalty levied by the ITO, stating that there was no conclusive evidence to prove that the undisclosed income belonged to the assessee. The Tribunal emphasized the importance of independent proof by the Revenue to justify imposing penalties under the Income Tax Act.