2013 (11) TMI 975 - HC - Income Tax

Penalty u/s 271(1)(c)- Held that - When the addition has been set aside in the quantum appeal, there is no question of levy of penalty under section 271(1)(c) of the Income Tax Act - Decided against Revenue.

Summary

Issues:
1. Appeal against penalty order under section 271(1)(c) of the Income Tax Act.
2. Dispute regarding levy of penalty of Rs.75,79,740.
3. Interpretation of the impugned judgment and order passed by the Income Tax Appellate Tribunal (ITAT).
4. Validity of penalty proceedings in relation to the assessment order under sections 143(3), 153C, and 153B(1)(b) of the Income Tax Act.
5. Application of legal principles in setting aside the penalty order.

The judgment pertains to an appeal challenging the penalty order under section 271(1)(c) of the Income Tax Act, specifically concerning the levy of a penalty amounting to Rs.75,79,740 for the assessment year 2006-07. The proceedings originated from the penalty imposed based on an assessment order under sections 143(3), 153C, and 153B(1)(b) of the Income Tax Act. The Court noted that the quantum appeal against the assessment order, which led to the penalty proceedings, had set aside the additions made, rendering the penalty unjustified. This decision was upheld by the Court in previous tax appeals. Consequently, the Income Tax Appellate Tribunal's decision to quash the penalty order was deemed appropriate as there was no basis for imposing the penalty following the deletion of additions in the quantum appeal. The Court found no grounds to interfere with the ITAT's ruling, as the penalty under section 271(1)(c) was rightly set aside given the circumstances and the deletion of additions in the quantum appeal.

The Court concluded that no legal or substantial question of law arose in the present tax appeal, leading to the dismissal of the appeal. However, it was noted that the revenue had appealed to the Supreme Court against the Court's previous orders in related tax appeals. Any decision by the Supreme Court would be binding, and the consequences would follow accordingly. As of the current status where the additions have been deleted and confirmed by the Court, there was no basis for imposing the penalty under section 271(1)(c) of the Income Tax Act. Therefore, the present appeal was dismissed, emphasizing that the penalty proceedings were rightly set aside based on the prevailing circumstances and legal considerations.