2022 (11) TMI 1135 - AT - Income Tax

Penalty u/s 271(1)(c) - concealment of income or furnishing of inaccurate particulars of income - Disallowance of deduction u/s 80P - AO disallowed the interest by taking a view that as per provisions of Section 80P(2), the interest income earned from cooperative society is not eligible for deduction - HELD THAT - We find that the AO while passing the assessment order, made disallowance of deduction under section 80P(2) and also added interest income earned from nationalised banks. Interest income earned from nationalised banks was not disclosed by the assessee in its return of income. Assessee could not substantiate the fact that the interest income was offered for taxation in the computation of income. Thus, it was a clear case of concealment of particulars of income, thus, the penalty qua such interest income of Rs. 524,223/- is upheld. So far as the other addition/disallowance Assessee has disclosed such interest income in return of income and addition was made due to change of opinion. Thus, there was no concealment on the part of Assessing Officer in claiming such deduction. Thus, the penalty qua such addition is deleted. This appeal of assessee is partly allowed.

Summary

Issues:
- Penalty under Section 271(1)(c) of the Income Tax Act for AY 2008-09 and 2012-13
- Addition on the quantum assessment for AY 2014-15

Analysis:

Issue 1: Penalty under Section 271(1)(c) for AY 2008-09 and 2012-13:

- The appellant challenged the penalty levied under Section 271(1)(c) for AY 2008-09 and 2012-13. The Assessing Officer disallowed certain deductions and interest income earned from nationalized banks, initiating penalty proceedings.
- The ld. CIT(A) upheld the penalty, stating that the appellant failed to disclose true income and intentionally omitted interest income. The appellant did not provide a satisfactory explanation for the non-disclosure.
- The Tribunal found that the interest income from nationalized banks was not disclosed in the return of income, leading to concealment of income. However, certain deductions were disclosed, and the addition was due to a change of opinion, not concealment.
- The penalty was upheld for undisclosed interest income but deleted for the disclosed deductions, as there was no concealment on the part of the Assessing Officer.
- The appeal was partly allowed, with the penalty upheld for undisclosed interest income but deleted for disclosed deductions.

Issue 2: Addition on the quantum assessment for AY 2014-15:

- The Assessing Officer disallowed interest income earned from nationalized banks and other sources, claiming they were not eligible for deductions under Section 80P(2).
- The ld. CIT(A) upheld the disallowed deductions, stating they were not derived from banking business activities and thus not eligible for deduction.
- The Tribunal concurred with the lower authorities, upholding the disallowed deductions and interest income additions.
- The appeal was dismissed, with the disallowed deductions and interest income additions upheld based on the Tribunal's previous orders.

In conclusion, the Tribunal partly allowed the appeal for AY 2008-09 and 2012-13 regarding penalty under Section 271(1)(c) but dismissed the appeal for AY 2014-15 concerning additions on the quantum assessment. The Tribunal upheld penalties for undisclosed interest income while deleting penalties for disclosed deductions and upheld disallowed deductions and interest income additions for AY 2014-15.