2012 (7) TMI 397 - AT - Income Tax

Penalty u/s. 271(1)(c) of the Income Tax Act - deduction claimed from the rental income - standard deduction u/s. 24(a) Held that - Non-acceptance of the assessee s claim in quantum proceedings would not make it any less a honest claim - assessee s claim bears a lower incidence of tax is a matter incidental, and by itself of no consequence - genuine ground, with the material facts having been disclosed - to the extent the claim is for standard deduction against rental income, the same raises no question of substantiation, i.e., is self corroborative - no case for the levy of penalty u/s 271(1)(c) of the Act - appeal by the assessee is allowed

Summary

Issues:
Penalty under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2004-05.

Analysis:
1. Background Facts and Assessment: The appellant, a jewelry company, reported income with a business loss and rental income. The assessment was reopened due to claimed business expenditure without actual business activity. The assessment was framed at the house property income as returned. In appeal, relief was granted on certain aspects, but the standard deduction claim against rental income was disallowed.

2. Merits of the Claim: The Revenue alleged a deliberate wrong claim by the appellant, while the appellant argued for a bona fide claim. The appellant's explanation for the standard deduction claim was scrutinized. The issue of whether rental income is business income or house property income was pivotal. The appellant's claim was considered genuine, based on disclosed facts and legal interpretation.

3. Assessment of Claim: The tribunal analyzed the nature of the rental income and the classification under tax laws. The claim for standard deduction against rental income was deemed legitimate, supported by relevant legal precedents. The tribunal emphasized the importance of a bona fide explanation and disclosure of material facts in assessing the claim's validity.

4. Legal Precedents and Decision: The tribunal referenced relevant legal cases to support its decision. It highlighted that the debatability of an issue in quantum proceedings does not warrant a penalty. The tribunal concluded that no grounds existed for imposing a penalty under section 271(1)(c) of the Act based on the facts and circumstances of the case.

5. Final Decision: The tribunal allowed the appeal by the assessee, ruling in favor of the appellant regarding the penalty under section 271(1)(c) for the assessment year 2004-05.