1980 (2) TMI 123 - AT - Income Tax

Summary

Issues:
1. Retrospective application of penalty provisions under section 271(1)(c) of the IT Act.
2. Justification for deleting the penalty in the given circumstances.

Analysis:
Issue 1:
The case involved a question regarding the retrospective application of penalty provisions under section 271(1)(c) of the IT Act. The High Court held that the concealment of income must be considered to have taken place on the date of filing the return, and the penalty should be determined based on the law as it stood on that date. The court remanded the case back to the Tribunal to reconsider the penalty based on the law applicable on the date of filing the return.

Issue 2:
The assessee filed a return of income in response to a notice issued under section 148, declaring a total income. The assessing officer added back certain amounts to the total income and initiated penalty proceedings under section 271(1)(c) of the IT Act. The Tribunal initially cancelled the penalty, citing that the amended provisions of section 271(1)(c) would not have retrospective application for the assessment year in question. Additionally, the Tribunal found that the explanation provided by the assessee was not conclusively disproved by the department, as per relevant Supreme Court decisions. Consequently, the Tribunal concluded that no penalty was leviable under section 271(1)(c) of the IT Act and cancelled the penalty imposed by the Income-tax Appellate Commissioner.

In conclusion, the High Court clarified the retrospective application of penalty provisions, and the Tribunal, following the court's directions, reconsidered the penalty based on the law applicable at the time of filing the return. The Tribunal ultimately cancelled the penalty, as the explanation provided by the assessee was deemed acceptable and not conclusively disproved by the department, leading to the decision that no penalty was leviable under section 271(1)(c) of the IT Act.