2021 (4) TMI 590 - AT - Income Tax

Penalty u/s 271(1)(c) - undisclosed interest income on the undisclosed deposits in HSBC Bank, Geneva - as per revenue assessee has deliberately concealed interest income in HSBC, Geneva - CIT-A deleted the addition - HELD THAT - In assessee s own case for Assessment Year 2014-15 . 2020 (10) TMI 1238 - ITAT DELHI wherein an identical addition on account of interest has been deleted on the ground that the ITAT had earlier deleted the addition on account of investment in the bank accounts itself. Since, we have upheld the deletion of the quantum addition by the Ld. CIT(A) in the foregoing paragraphs, there is again no reason to deviate from the findings of the Ld. CIT(A) in deleting the penalty imposed against the quantum addition. We uphold the deletion of penalty by the Ld. CIT(A). - Decided against revenue.

Summary

Issues:
- Quantum appeal against addition of undisclosed interest income and cash
- Penalty appeal under section 271(1)(c) for concealment of income

Quantum Appeal:
The Department filed appeals against the quantum order and penalty deletion for Assessment Year 2012-13. The case involved a search and seizure action revealing undisclosed cash and foreign bank accounts. The Assessing Officer added interest income from the foreign accounts to the assessee's income under section 69. The CIT(A) deleted the interest addition and cash addition based on previous case precedents. The Department contested the deletion, arguing that the assessee failed to disclose the foreign accounts intentionally. The CIT-DR highlighted discrepancies between previous and current assessment years. The AR relied on precedent cases and argued for deletion of the additions, which the Tribunal upheld based on previous rulings.

Penalty Appeal:
The penalty under section 271(1)(c) was imposed but subsequently deleted by the CIT(A) due to the quantum additions being deleted. The Department appealed the penalty deletion, claiming deliberate concealment of income. The CIT-DR argued that penalty sustenance depended on the quantum appeal outcome. The AR supported the penalty deletion, citing previous Tribunal rulings. The Tribunal dismissed the Department's penalty appeal, upholding the CIT(A)'s decision based on consistency with quantum appeal findings.

In conclusion, both the quantum and penalty appeals by the Revenue were dismissed by the Tribunal, affirming the CIT(A)'s decisions. The Tribunal upheld the deletion of quantum additions and penalty, following precedent rulings and finding no reason to deviate from the CIT(A)'s findings. The judgment was pronounced on 13th April 2021.