2013 (6) TMI 625 - AT - Income Tax

Penalty u/s 271(1)(c) - assessee has debited a provision of Rs. 3.5 crores in profit & loss account as provision for interest of Punjab Government & CONWARE - Held that - It seems that amounts were not recoverable and in fact the amounts have been written off in the next year. Against the entry of interest, the assessee made a provision of such interest and debited the same amount to the Profit and loss account. There is no finding that details provided by the assessee are incorrect. As observed earlier, the claim of the assessee seems to be bonafide because principal amount itself was written off and therefore, perhaps there was no claim against the interest. The assessee provided the interest on the accrual basis but simultaneously made a debit entry against such interest. This is purely a bonafide claim based on bonafide belief. Thus the penal provision cannot be attracted in such a situation and accordingly delete the penalty. In favour of assessee.

Summary

Issues:
Penalty under section 271(1)(c) of the Income Tax Act, 1961 for alleged concealment of income.

Analysis:
The appeal concerned the levy of a penalty of Rs. 1,25,56,250 under section 271(1)(c) of the Income Tax Act, 1961. The assessee had debited a provision of Rs. 3.5 crores in the profit & loss account as a provision for interest of Punjab Government & CONWARE. The Assessing Officer added this amount to the assessee's income, initiating penalty proceedings. The assessee contended that the provision was for memorandum purposes and not concealment. The CIT(A) and the Assessing Officer upheld the penalty, leading to the appeal.

During the proceedings, the assessee explained that the provision was for interest on advances given to the Government of Punjab and CONWARE, which were not recoverable. The provision was made as a memorandum entry, not for concealment. The Tribunal had confirmed the addition but noted that the principal amount was written off in the subsequent year, indicating a lack of intent to recover the interest. The assessee's explanation was considered bona fide, relying on legal precedents.

The Tribunal held that the provision made by the assessee was not for concealment but based on a bona fide belief due to the subsequent write-off of the principal amount. The claim was considered genuine, and no inaccuracies were found in the details provided by the assessee. Therefore, the penal provision under section 271(1)(c) was deemed inapplicable, and the penalty was deleted. The appeal of the assessee was allowed, setting aside the penalty.

In conclusion, the Tribunal found that the assessee's provision for interest was not an attempt to conceal income but a genuine accounting entry based on a bona fide belief. The Tribunal emphasized that penalty provisions cannot be invoked without evidence of concealment or inaccurate particulars. As the claim was found to be bona fide and no inaccuracies were identified, the penalty was deemed unjustified and deleted.