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2018 (8) TMI 1130 - AT - Income TaxLevy of penalty u/s 271(1)(c) - AO has levied the penalty on the disallowance of expenditure claimed by assessee - However, the AO for AY 2009-10 has levied the penalty only on the item of interest and finance charges - Held that - In view of the above facts and circumstances of the present case and the case laws of Hon ble Supreme Court in Price Waterhouse Coopers (P.) Ltd. 2012 (9) TMI 775 - SUPREME COURT and Reliance Petroproducts Pvt. Ltd 2010 (3) TMI 80 - SUPREME COURT , we are of the view that there is a complete disclosure in the present regarding all the facts relating to expenditure on repairs and maintenance, depreciation and expenditure on interest and financials and hence, there is no question of concealment of particulars of income by the assessee. Hence, we delete the penalty. Decided in favor of assessee.
Issues Involved:
1. Levy of penalty under section 271(1)(c) of the Income Tax Act, 1961. 2. Disallowance of expenditure claimed under various heads: repairs and maintenance, administrative and general expenditure, interest and finance charges, and depreciation. Detailed Analysis: 1. Levy of Penalty under Section 271(1)(c): - The primary issue revolves around the confirmation of penalty levied by the Assessing Officer (AO) under section 271(1)(c) of the Income Tax Act, 1961, for Assessment Years (AY) 2007-08 and 2009-10. - The appellant argued that it neither concealed any particulars of its income nor furnished inaccurate particulars, thus no penalty should be levied. 2. Disallowance of Expenditure: - Repairs and Maintenance (?12,90,040/-): The AO disallowed this expenditure, which was claimed under the head "income from house property." The appellant admitted that this expense was inadvertently not disallowed in the return. - Administrative and General Expenditure (?28,49,577/-): Not specifically detailed in the judgment. - Interest and Finance Charges (?4,04,88,60,303/- for AY 2007-08 and ?332,40,17,077/- for AY 2009-10): The AO disallowed this expenditure, stating it was capital in nature and related to investments in subsidiaries, thus not allowable under section 36(1)(iii) of the Act. The appellant argued that these were legitimate business expenses. - Depreciation (?2,51,46,050/-): The AO disallowed this amount, which the appellant had suo-moto disallowed in the return of income. Tribunal’s Findings: - Interest and Finance Charges: The Tribunal noted that the Government of Maharashtra's notification dated 31st March 2016 amended the Maharashtra Electricity Reform Transfer Scheme, 2005, taking over the loan liabilities of the erstwhile MSEB with retrospective effect from June 2005. Consequently, the interest on such loan liabilities was no longer payable by the assessee. The Tribunal held that the appellant was not entitled to claim the deduction of interest expenditure due to this change. - Repairs and Maintenance: The appellant admitted the error in claiming this expenditure and accepted the disallowance during the appellate proceedings. - Depreciation: The Tribunal acknowledged that the appellant had already disallowed the depreciation amount in its return, and no further disallowance was necessary. Legal Precedents: - The Tribunal referred to the Supreme Court’s judgment in Price Waterhouse Coopers (P.) Ltd. vs. CIT (2012) 348 ITR 306 (SC), which held that inadvertent errors do not constitute furnishing inaccurate particulars of income or concealment. - The Tribunal also cited the case of CIT vs. Reliance Petroproducts Pvt. Ltd (2010) 322 ITR 158 (SC), which clarified that making an incorrect claim does not amount to furnishing inaccurate particulars. Conclusion: - The Tribunal concluded that there was no concealment of particulars by the appellant, and the errors were bona fide and inadvertent. - Consequently, the penalty levied under section 271(1)(c) was deleted for both AY 2007-08 and 2009-10. - The appeals of the assessee were allowed. Order Pronouncement: - The order was pronounced in the open court on 03-08-2018.
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