2009 (11) TMI 128 - HC - Income Tax

Penalty under section 271(1)(c) Concealment of Income In this case Allahabad High Court on the basis of that the assessee has placed all the materials before the revenue thus there is no concealment of income held that the assessee is bona fide the Tribunal has rightly set aside the penalty order. The appeal is dismissed. Decision in favour of assessee against the revenue

Summary

Issues:
Challenge to deletion of penalty under section 271(1)(c) of the Income-tax Act, 1961.

Analysis:
The appeal before the Allahabad High Court was filed against the order passed by the Income-tax Appellate Tribunal, Delhi Bench "A", regarding the deletion of a penalty imposed under section 271(1)(c) of the Income-tax Act, 1961. The core question raised was whether the Tribunal was legally justified in deleting the penalty of Rs. 5,00,000 imposed by the Assessing Officer and upheld by the Commissioner of Income-tax (Appeals).

The dispute pertained to the assessment year 1981-82 where the assessee initially declared a loss of Rs. 4,14,560, which was later revised to Rs. 7,25,980. During the assessment, an addition of Rs. 6,00,000 was made due to unaccounted stock of dismantled peripherals. The penalty proceedings under section 271(1)(c) were initiated based on this addition. However, the Tribunal, in its order, highlighted that the additions made were adjusted for the closing stock of the assessee and concluded that there was no concealment of income. The Tribunal specifically noted that the explanation provided by the assessee was not found to be false by any authority, and all materials were submitted to the Revenue authorities. As the Tribunal found the explanation to be bona fide, it set aside the penalty order.

The standing counsel for the Department failed to identify any legal or factual errors in the Tribunal's order. Consequently, the High Court concluded that the appeal was settled by the factual findings presented by the Tribunal. Since no representation was made on behalf of the respondent, the appeal was dismissed without any costs.

In summary, the High Court upheld the Tribunal's decision to delete the penalty under section 271(1)(c) after finding that there was no concealment of income and the explanation provided by the assessee was considered genuine and supported by the evidence presented to the Revenue authorities.