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2012 (8) TMI 514 - AT - Income TaxPenalty u/s 271(1)(c) - concealment of particulars - alleged violation of provision u/s 13(1)(c) by letting-out shops on long lease to the relatives of Directors who are the persons as referred to u/s 13(3) and claiming exemption u/s 11 - Held that - As CIT(A) noted that AO himself mentioned that it is from facts mentioned in the audit report in Form No.10B filed by the assessee that the possible violation of Section 13, in fact, came to the AO s notice. In that view, appellant cannot be said to have either concealed or furnished inaccurate particulars of its income, and even the provisions of Explanation-1 to Section 271(1)(c ) are not attracted since there was no concealment or furnishing of inaccurate particulars with regard to factual aspects which had clearly been disclosed by the appellant. Further, AO has not brought on record to show that the contention of the assessee is wrong in respect of the rent charged to others who are not the directors or otherwise interested parties being at par. Therefore, deletion of penalty u/s 271(1)(c) upheld - Decided in favor of assessee.
Issues:
Challenge to deletion of penalty under section 271(1)(c) by the CIT(A) for Assessment Year 2004-05 based on disclosure of facts in audit report and violation of provisions under section 13 of the Income Tax Act. Analysis: 1. Disclosure of Facts in Audit Report: The appeal concerns the deletion of penalty under section 271(1)(c) by the CIT(A) for Assessment Year 2004-05. The key issue revolves around whether there was a disclosure of facts by the auditors in the audit report, as per the effective grounds raised by the revenue. The CIT(A) relied on judicial pronouncements to determine the interpretation of "concealment of income" and "furnishing of inaccurate particulars." The Pune Bench of ITAT in Kanbay Software v. DCIT clarified that concealment implies active hiding of income, while furnishing inaccurate particulars refers to details not in conformity with facts. The Supreme Court in CIT v. Reliance Petroleum Products Ltd emphasized that a mere unsustainable claim does not amount to furnishing inaccurate particulars regarding income. 2. Violation of Section 13 of the Income Tax Act: The facts of the case reveal that the assessee committee provided shops on a long-term lease to its Directors and their relatives at a nominal rent, leading to a violation of Section 13 of the Income Tax Act. The Assessing Officer initiated penalty proceedings under section 271(1)(c), which the CIT(A) subsequently deleted. The CIT(A) based the decision on the audit report filed by the assessee, which disclosed the relevant facts. The Tribunal found that the rent charged was not proven to be incorrect and endorsed the view that there was no concealment or furnishing of inaccurate particulars by the assessee. 3. Judicial Pronouncements and Legal Position: The Tribunal referred to the legal position elucidated in Kanbay Software v. DCIT and CIT v. Reliance Petroleum Products Ltd to interpret the provisions of section 271(1)(c). The judgments emphasized the distinction between concealment of income and furnishing inaccurate particulars, highlighting the necessity of conscious effort in concealment and the requirement for details contrary to facts in inaccurate particulars. The Tribunal applied these principles to the present case, concluding that the assessee did not engage in concealment or furnish inaccurate particulars regarding its income. 4. Decision and Conclusion: After considering the arguments presented by the revenue and perusing the record, the Tribunal upheld the CIT(A)'s decision to delete the penalty under section 271(1)(c). The Tribunal found that the rent charged by the assessee committee was not proven to be incorrect, and there was no evidence of concealment or furnishing of inaccurate particulars. Consequently, the Tribunal dismissed the revenue's appeal, affirming the CIT(A)'s order. In conclusion, the judgment provides a detailed analysis of the legal principles surrounding penalty under section 271(1)(c) and highlights the importance of disclosing accurate facts in audit reports. The decision underscores the necessity for conscious effort in concealment of income and furnishing inaccurate particulars, ultimately leading to the dismissal of the revenue's appeal in this case.
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