9911796707
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Issues Involved:
1. Imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961. 2. Voluntariness of filing revised returns. 3. Relevance of past assessment years in determining penalty. 4. Burden of proof and mens rea in concealment of income. Issue-wise Detailed Analysis: 1. Imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961: The appeal concerns the imposition of a penalty of Rs. 1,48,507 on the assessee under Section 271(1)(c) of the IT Act for the assessment year 1968-69. The Income Tax Officer (ITO) initiated penalty action on the grounds that the assessee had concealed income by not including Rs. 1,48,507 in the original and first revised returns. The ITO observed that this non-inclusion amounted to concealment of income. 2. Voluntariness of filing revised returns: The assessee argued that the revised returns were filed voluntarily upon discovering an omission, which was pointed out by their Chartered Accountants. The assessee contended that the omission was inadvertent and due to carelessness, not deliberate concealment. The Tribunal found merit in the assessee's argument, noting that the second revised return was filed voluntarily without any detection by the revenue authorities. The Tribunal emphasized that filing a revised return voluntarily before detection is a strong indication that there was no mens rea or intention to conceal income. 3. Relevance of past assessment years in determining penalty: The Departmental Representative argued that similar omissions in past assessment years (1964-65 and 1965-66) indicated a pattern of deliberate concealment. However, the Tribunal rejected this argument, stating that each assessment year is separate and the general character of an assessee is not relevant for determining concealment in a particular year. The Tribunal also noted that the IAC did not refer to past records or confront the assessee with any material from those years during the penalty proceedings. 4. Burden of proof and mens rea in concealment of income: The Tribunal held that the revenue had not discharged its burden of proving mens rea on the part of the assessee. It emphasized that to levy a penalty under Section 271(1)(c), the revenue must establish that there was a deliberate act of concealment or furnishing of inaccurate particulars of income. The Tribunal found that the IAC's order did not establish that the non-inclusion of the income was a deliberate act. The Tribunal concluded that the omission was due to carelessness and inadvertence, not intentional concealment. Conclusion: The Tribunal allowed the appeal, setting aside the impugned order of the IAC and quashing the penalty of Rs. 1,48,507 imposed on the assessee. The Tribunal held that the revenue failed to establish mens rea on the part of the assessee, and the voluntary filing of the revised return indicated that there was no intention to conceal income.
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