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Issues involved:
Penalty appeals for different assessment years 1991-92 and 1992-93, levy of penalty under section 271(1)(c) for concealment of income and furnishing inaccurate particulars, disallowance of expenses claimed, reliance on statements recorded during survey and assessment proceedings, distinction between assessment and penalty proceedings, necessity of establishing positive concealment for penalty, treatment of expenses as bogus due to lack of maintained books of accounts, reliance on legal precedents. Analysis: The judgment by the Appellate Tribunal ITAT Jodhpur dealt with penalty appeals concerning the same assessee for different assessment years, 1991-92 and 1992-93, which were combined for convenience. The assessee, a Development Officer in LIC, earned commission from LIC of India during these years. The assessment disallowed expenses claimed under various heads based on statements recorded during a survey, leading to the imposition of penalties under section 271(1)(c). The authorized representative argued that the survey statement suffered from serious infirmity as its origin and validity were questionable. He contended that penalty for concealment of income based on such a statement was illegal. The representative also highlighted the distinction between assessment and penalty proceedings, emphasizing the need for additional evidence to prove positive concealment for levying penalties. The authorized representative further argued that the absence of maintained books of accounts and supporting vouchers did not automatically render claimed expenses as bogus. He criticized the summary rejection of the assessee's explanations during penalty proceedings and emphasized the failure to establish the charges of concealment or furnishing inaccurate particulars of income. The Tribunal noted that the additions and disallowances were made on an estimated basis, and penalties could not be imposed solely on such grounds unless there was clear evidence of concealment or fraudulent intent. Legal precedents were cited to support this interpretation, reinforcing the requirement for a stronger case of concealment to justify penalties. After considering the arguments and reviewing the orders, the Tribunal concluded that the penalties could not be justified in this case. They emphasized that the estimation of income by the Tribunal in quantum appeals further supported the decision to disallow the penalties. Ultimately, both penalty appeals of the assessee were allowed, highlighting the importance of establishing clear evidence of concealment or fraudulent intent before imposing penalties.
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