1996 (10) TMI 60 - HC - Income Tax

Court upholds cancellation of penalties for assessment years 1969-70 and 1970-71

Commissioner Of Income-Tax Versus Ess Ess Kay Engineering Company Limited

Commissioner Of Income-Tax Versus Ess Ess Kay Engineering Company Limited - [1997] 224 ITR 82, 137 CTR 641, 93 TAXMANN 649 Issues:1. Justification of canceling penalties imposed by the Income-tax Appellate Tribunal.2. Validity of penalties for wilful concealment of income.3. Claimed commission payments to the sole selling agent.4. Pending consideration of the deduction of commission by the appellate authority.5. Court's discretion in answering the question of law referred by the Tribunal.Detailed Analysis:1. The case involved the cancellation of penalties imposed by the Income-tax Appellate Tribunal for the assessment years 1969-70 and 1970-71. The Tribunal had canceled penalties of Rs. 1,86,163 and Rs. 2,26,617 based on its earlier order for the assessment years 1967-68 and 1968-69, concluding that the assessee was not guilty of wilful concealment of income.2. The penalties were imposed under section 271(1)(c) of the Income Tax Act, 1961, by the Inspecting Assistant Commissioner. The Income-tax Officer did not allow the deduction claimed by the assessee for commission allegedly paid to the sole selling agent, leading to penalty proceedings. The Tribunal, however, overturned the penalties based on its previous order.3. The assessee, a private limited company in the business of manufacturing electrical switches and plugs, claimed commission payments to the sole selling agent amounting to Rs. 1,86,163 for 1969-70 and Rs. 2,26,617 for 1970-71. These claims were disputed by the tax authorities, leading to penalty proceedings and subsequent appeals.4. During the hearing, it was highlighted that the main case regarding the commission payments was still pending before the appellate authority. The Tribunal had remanded the case back to the appellate authority multiple times, indicating that the issue of the quantum of commission payable to the sole selling agent was yet to be conclusively decided.5. The court, in its judgment, exercised discretion in not answering the question of law referred by the Tribunal due to the pending nature of the commission deduction issue before the appellate authority. The court deemed it futile to address the question in the absence of a final decision on the commission payments. It was clarified that once the appellate authority made a fresh decision, the parties could pursue further appeals or applications under the Income Tax Act.Overall, the judgment focused on the procedural aspect of the case, emphasizing the importance of resolving the underlying issues before addressing legal questions. The court's decision to dispose of the petitions without answering the question highlighted the need for a conclusive determination on the pending matters before proceeding with legal considerations.