2019 (2) TMI 1277 - HC - Income Tax

Penalty u/s 271(1)(c) - claiming excess loss of textile unit even after the said unit was demerged - HELD THAT - At the time, when the assessee filed the return, the scheme for demerger was in pipeline. The assessee, therefore, had to make the claim in the return filed as if the profit or loss belongs to the company. The scheme of demerger was approved by the High Court which would take effect from earlier date. The assessee promptly brought these developments to the notice of the Assessing Officer and invited the order of reassessment making necessary adjustments in terms of the order of demerge - while filing the return itself, the assessee had brought to the notice of the Revenue that the scheme of demerger was pending before the High Court. The Tribunal, therefore, correctly deleted the penalty - Decided in favour of assessee.

Summary

Issues:
Penalty under Section 271(1)(c) of the Income Tax Act for unjustly claiming excess loss of textile unit post-demerger.

Analysis:
The appeal was filed by the Revenue against the Tribunal's judgment regarding the deletion of penalty under Section 271(1)(c) of the Income Tax Act. The key question raised was whether the Tribunal was correct in deleting the penalty for claiming excess loss of a textile unit post-demerger. The facts revealed that the respondent assessee, a company registered under the Companies Act, had initially filed a return of income resulting in a loss return due to a certain claim. Subsequently, a scheme of demerger was approved by the Rajasthan High Court, which would take effect from a date prior to the High Court's judgment. The assessee informed the Assessing Officer about these developments, leading to a reassessment wherein the loss return was converted into a positive income assessment. Consequently, the Assessing Officer imposed a penalty under Section 271(1)(c) of the Income Tax Act.

The Tribunal, in its impugned order, allowed the assessee's appeal and deleted the penalty. It observed that there was no intention on the part of the assessee to conceal income particulars or provide inaccurate information. The High Court noted that at the time of filing the return, the demerger scheme was pending, and the assessee had to make the claim as if the profit or loss belonged to the company. The Tribunal correctly pointed out that the assessee had promptly informed the Assessing Officer about the demerger scheme and had even mentioned it while filing the return. Therefore, the High Court found no reason to interfere with the Tribunal's decision, emphasizing that the facts were clear. The Tribunal's decision to delete the penalty was upheld, and it was concluded that no legal issue arose in this matter. As a result, the Tax Appeal was dismissed.