2016 (6) TMI 109 - HC - Income Tax

Penalty under Section 271(1)(c) - contributions for investment by the assessee which were treated as unexplained income - Held that - Penalty under Section 271(1)(c) of the Income Tax can be levied only in cases where the Assessing Officer, or the Commissioner of Income Tax (Appeals), are satisfied that any person has concealed the particulars of his income, or has furnished inaccurate particulars of such income. The penalty proceedings initiated against the respondent-assessee was on the ground that he had concealed the particulars of his income. Both the Commissioner (Appeals) and the Tribunal have recorded a finding that the assessee had not concealed the income, and the Assessing Officer had merely disbelieved his version. The Tribunal is a final court on fact and, save a perverse finding or a finding based on no evidence, no substantial question of law can be said to have arisen necessitating interference under Section 260-A of the Act. Both the Commissioner of Income Tax (Appeals) and the Tribunal have assigned reasons for arriving at the satisfaction that there was no concealment of income on the part of the assessee and, based on such findings, held that no penalty could be levied on the additions made - Decided against revenue

Summary

Issues:
1. Assessment of unexplained investments and additional undisclosed investment.
2. Imposition of penalty under Section 271(1)(c) of the Income Tax Act.
3. Appeal against penalty order before the Commissioner of Income Tax (Appeals).
4. Appeal by the Revenue challenging the penalty proceedings.
5. Interpretation of Section 271(1)(c) regarding concealment of income for levying penalty.

Analysis:
1. The respondent-assessee derived income from consultancy and remuneration from a partnership firm. During survey operations, it was found that the assessee had made part payment for the purchase of land. The Assessing Authority treated a portion of the payment as unexplained investment and added it to the income. Further, an additional amount was also brought to tax as undisclosed investment. The Tribunal confirmed these additions, leading to penalty proceedings.

2. The Assessing Authority imposed a penalty under Section 271(1)(c) for failure to prove creditworthiness of creditors and the source of additional investment. The Commissioner of Income Tax (Appeals) partially upheld the penalty, relieving the assessee from penalty on one amount but confirming it on another, based on concealment of income.

3. The assessee challenged the penalty order before the Commissioner of Income Tax (Appeals) on grounds of limitation and additions made to income. The Commissioner provided relief on one amount, citing lack of concealment, but upheld penalty on the other, where concealment was established.

4. In the appeal by the Revenue, the Tribunal emphasized the distinction between quantum proceedings and penalty proceedings. Merely disbelieving the explanation of the assessee does not establish concealment, and a plausible explanation can discharge the burden of proof. The Tribunal found no infirmity in the order of the Commissioner of Income Tax (Appeals).

5. The Tribunal clarified that penalty under Section 271(1)(c) can only be levied if there is a finding of concealment of income. Both the Commissioner (Appeals) and the Tribunal concluded that there was no concealment, only a disbelieved explanation. The Tribunal, being final on facts, found no substantial question of law to interfere with the order, leading to the dismissal of the appeal.

In conclusion, the appeal was dismissed, upholding the findings of the Commissioner of Income Tax (Appeals) and the Tribunal that no concealment of income was established, thereby negating the levy of penalty under Section 271(1)(c) on the assessed amounts.