2018 (2) TMI 189 - HC - Income Tax

Penalty u/s 271AAA - disclosure of unaccounted income - Held that - Conditions mentioned in section 271AAA(2) for granting immunity from the penalty are satisfied in the present case as the assessee in his statement under section 132(4) has made a disclosure of unaccounted income; the manner in which the same was earned was also clearly stated and the taxes were also paid. On overall analysis of the entire material on record as well as the order impugned, we unhesitatingly conclude that no error is committed by the Tribunal in confirming the order of CIT(A) in deleting the penalty imposed on the assessee under section 271AAA - Decided in favour of assessee.

Summary

Issues:
Challenge to order of Income-tax Appellate Tribunal regarding penalty under Section 271AAA of the Income Tax Act.

Analysis:
1. The main issue in this case was whether the Appellate Tribunal erred in confirming the order of the Commissioner of Income Tax (Appeals) by ignoring the fact that the assessee did not fulfill the conditions laid down under Section 271AAA of the Income Tax Act. The Tribunal dismissed the appeal of the revenue, which challenged the order of the Commissioner of Income Tax (Appeals) deleting the penalty imposed on the assessee under Section 271AAA.

2. The case involved search and seizure proceedings under section 132 of the Income Tax Act, 1961, where undisclosed income was admitted by the assessee. The penalty under section 271AAA was initiated, and the assessing officer levied a penalty of 10% of the income disclosed during the search. The Commissioner of Income Tax (Appeals) allowed the assessee's appeal by deleting the penalty, a decision which was upheld by the Tribunal.

3. The appellant argued that the assessee did not clearly specify the manner in which the undisclosed income was derived, thereby failing to fulfill the conditions for immunity under Section 271AAA. The appellant contended that the reliance placed by the Commissioner of Income Tax (Appeals) on a previous judgment was erroneous, and the Tribunal should not have confirmed the view expressed by the Commissioner of Income Tax (Appeals).

4. However, the Tribunal, after examining the facts and relevant provisions, concluded that the assessee satisfied all the three conditions mentioned under section 271AAA. The Tribunal found that the assessee had admitted the undisclosed income, provided all necessary details, and paid the taxes and interest. The Tribunal held that the assessee had clearly explained the manner in which the undisclosed income was derived, as per the requirements of the law.

5. The Tribunal emphasized that the assessing officer did not ask the assessee to substantiate the manner of undisclosed income, and therefore, the assessee was not expected to specify it on their own. The Tribunal agreed with the Commissioner of Income Tax (Appeals) that the conditions for granting immunity from the penalty were satisfied in this case, as the assessee had made a disclosure of unaccounted income, stated the manner in which it was earned, and paid the taxes.

6. After a thorough analysis of the material on record and the impugned order, the Tribunal concluded that no error was committed in confirming the order of the Commissioner of Income Tax (Appeals) in deleting the penalty imposed on the assessee under section 271AAA. The Tribunal found no question of law arising from the order and dismissed the appeal as meritless.