1969 (8) TMI 27 - HC - Income Tax

Whether, on the facts and in the circumstances of the case, the penalty imposed under section 271(1)(a) of the Income-tax Act, 1961, could validly be reduced from Rs. 4,380 to Rs. 200 - penalty to be imposed is to be calculated in accordance with the provisions of section 271(1)(i) of the Income-tax Act, 1961

Summary

Issues:
1. Imposition of penalty for delay in filing income tax return under section 271(1)(i) of the Income-tax Act, 1961.
2. Interpretation of penalty provisions under section 271(1)(i) regarding minimum and maximum limits.
3. Consideration of advance tax paid by the assessee while calculating the penalty amount.

Analysis:
The High Court of Rajasthan addressed a reference by the Income-tax Appellate Tribunal regarding the imposition of a penalty on an assessee for delay in filing income tax returns under section 271(1)(i) of the Income-tax Act, 1961. The Tribunal had reduced the penalty from Rs. 4,380 to Rs. 200, citing the absence of a minimum penalty limit under the new Act compared to the old Act. The Court disagreed with this view, emphasizing that the penalty calculation should align with the provisions of the current Act in force at the time of assessment.

The Court examined the penalty provisions under section 271(1)(i) which specify a penalty equal to 2% of the tax for each month of default, not exceeding 50% of the tax. It clarified that the penalty amount must be precisely 2% of the tax for each default month, with no provision for a lower limit. The Court rejected the argument that the absence of a minimum limit allowed for reducing the penalty below the prescribed rate, emphasizing that the penalty should not be less than the specified percentage.

Regarding the consideration of advance tax payments in penalty calculations, the Court referred to Circular No. 16-D (V-50 of 1965) issued by the Central Board of Direct Taxes. The Circular clarified that the net tax payable for penalty calculation should exclude advance tax payments made by the assessee. This instruction indicated that the penalty amount should be determined by excluding tax deducted at source and advance tax payments as per the provisions of section 271(1)(i) of the Income-tax Act, 1961.

In conclusion, the Court answered the reference by affirming that the penalty calculation should adhere to the provisions of section 271(1)(i) without considering advance tax payments. The Court's decision clarified the penalty imposition criteria and upheld the penalty amount determined based on the specified percentage of tax for default months.