2012 (7) TMI 803 - HC - Income Tax

Penalty u/s 271(1)(c) - disallowance of deduction claimed u/s 80HHC - Held that - As noticed by the Tribunal all the foundational facts which ultimately led to the disallowance were revealed by the assessee in the return no occasion to concealment of income arise here - if the claim of assessee is ultimately found to be legally unacceptable, it does not mean that the assessee has concealed the particulars of its income - in favour of assessee.

Summary

Issues:
1. Disallowance of deduction under Section 80HHC and imposition of penalty under Section 271(1)(c).
2. Interpretation of legal provisions and applicability of penalty under Section 271D.

Analysis:

Issue 1: Disallowance of deduction under Section 80HHC and imposition of penalty under Section 271(1)(c):
The Revenue challenged the ITAT's order disallowing the deduction claimed under Section 80HHC by the assessee. The Revenue contended that penalty under Section 271(1)(c) was justifiably leviable. The CIT (A) allowed the assessee's appeal, but the Revenue's appeal was rejected by the ITAT. The ITAT held that the assessee maintained separate books of accounts for different units, allowing the deduction under Section 80HHC without offsetting the loss from another unit. The Tribunal considered the assessee's disclosure of income particulars and legal claims, citing relevant judgments like CIT VS. Reliance Petro products Pvt. Ltd. and Dilip N. Shroff vs. Joint CIT. The Tribunal concluded that the penalty was deleted based on legal principles established in those cases.

Issue 2: Interpretation of legal provisions and applicability of penalty under Section 271D:
The Court referred to a case involving disallowance under Section 269SS to highlight the importance of disclosing necessary facts by the assessee. The Court emphasized that where there is a difference of opinion among different Tribunals or High Courts, and the Supreme Court is yet to settle the matter, penalty proceedings may not be warranted if all facts are disclosed. The Court cited Commissioner of Income Tax, Delhi-IV v. I.P. India (P.) Ltd. to support this stance. It was noted that in the present case, the assessee had disclosed all foundational facts leading to the disallowance, and the interpretation favored by the Supreme Court was applied. Despite conflicting positions taken by different High Courts, the Tribunal's decision was upheld as legally sound, with no question of law arising. The appeal was consequently dismissed.

In conclusion, the judgment addressed the disallowance of deduction under Section 80HHC, the imposition of penalty under Section 271(1)(c), and the interpretation of legal provisions regarding penalty under Section 271D. The Court emphasized the importance of disclosing all relevant facts by the assessee and upheld the Tribunal's decision based on established legal principles and Supreme Court precedents.