2017 (1) TMI 1372 - AT - Income Tax

Penalty under section 271 (1) (c ) - Deduction u/s 80P (2)(a) (i) - Whether the assessee is eligible for deduction under section 80 P (2) (D) relating to income derived from investment in other cooperative societies? - Availability of deduction of expenses under section 57 regarding income from other sources - Held that - It is a case where penalty has been levied by the assessing officer on a issue in respect of which Hon ble Delhi High Court in assessee s own case for the relevant assessment year under consideration had sent back the issue for re-adjudication before Ld. CIT (A), by framing specific question of law in respect of the deduction claimed by the assessee. When the Hon ble High Court has framed substantial question of law, it becomes apparent that the addition is certainly debatable. The framing of a substantial question of law by Hon ble High Court lends credence to the bona fides of the assessee in claiming deduction. Once it turns out that the claim of assessee could have been considered for deduction as per instructions, which is not completely debarred at all, the mere fact of confirmation of the disallowance of deduction would not per se lead to imposition of penalty. Since the addition in respect of which penalty has been levied by the authorities below has been held by the Hon ble High Court to be involving a substantial question of law, in our considered opinion, penalty is not exigible under this section. We therefore are inclined to delete the penalty. - Decided in favour of assessee

Summary

Issues:
1. Deduction under section 80P (2)(a)(i) for interest income from FDR with banks.
2. Re-adjudication of issues not examined by Ld. CIT (A) as per Hon'ble Delhi High Court's directions.
3. Eligibility for deduction under section 80P(2)(d) for income derived from investments in cooperative societies.
4. Availability of deduction of expenses under section 57 for income from other sources.
5. Imposition of penalty under section 271(1)(c) for furnishing inaccurate particulars of income.

Issue 1 - Deduction under section 80P (2)(a)(i) for interest income from FDR with banks:
The assessee, a co-operative society, claimed deduction under section 80P (2)(a)(i) for interest income from FDR with banks. Initially disallowed by the Ld. AO, the deduction was allowed by Ld. CIT(A) but reversed by the Tribunal. The Hon'ble Delhi High Court remitted the issue back to Ld. CIT(A) for re-adjudication. The Tribunal, after considering submissions, allowed the deduction for interest earned from deposits with co-operative banks under section 80P, thereby allowing the appeal for relevant assessment years.

Issue 2 - Re-adjudication of issues not examined by Ld. CIT (A) as per Hon'ble Delhi High Court's directions:
The Hon'ble Delhi High Court directed re-adjudication of issues not examined by Ld. CIT(A), including eligibility for deduction under section 80P(2)(d) for income from investments in cooperative societies and availability of deduction of expenses under section 57 for income from other sources. The Tribunal, in compliance with the High Court's directions, allowed the deduction for income derived from investments in cooperative societies under section 80P(2)(d).

Issue 3 - Imposition of penalty under section 271(1)(c) for furnishing inaccurate particulars of income:
The Ld. AO initiated penalty proceedings against the assessee for furnishing inaccurate particulars of income. Despite the penalty being confirmed by Ld. CIT(A), the Tribunal, considering the debatable nature of the claim under section 80P, held that the penalty was not justified. Noting that the Hon'ble High Court had sent back the issue for re-adjudication, indicating a substantial question of law, the Tribunal found the penalty not exigible and proceeded to delete it, allowing the appeal filed by the assessee.

This detailed analysis of the judgment covers the issues of deduction under section 80P, re-adjudication of unresolved issues, and the imposition of penalty under section 271(1)(c) comprehensively, outlining the legal proceedings and decisions made by the Tribunal in each instance.