2007 (12) TMI 481 - HC - Income Tax

Income Tax Penalty Quashed: Lack of Jurisdiction and No False Facts Lead to Dismissal of Revenue's Appeal.

Commissioner Of Income Tax Versus Eicher Goodearth Limited

The HC dismissed the Revenue's appeal under Section 260-A of the Income Tax Act, affirming the Tribunal's decision that the penalty order under Section ... Penalty levied u/s 271(1)(c) - concealed or furnished an inaccurate particulars of income - excess deduction claimed u/s 80-M - HELD THAT:- We are unable to find any error or infirmity in the order passed by the Tribunal which has concluded that there was no justification for the AO to have levied the penalty particularly when the AO has not found that the particulars furnished by the Assessee were false and where the AO had not also unearthed any material fact or particulars which the Assessee did not disclose. No substantial question of law arises in this appeal. Dismissed. Issues:1. Assessment of income for the Assessment Year 1996-97.2. Disallowance of claim on depreciation and deduction under Section 80-M of the Income Tax Act.3. Levying of penalty under Section 271(1)(c) for concealing income.4. Appeal before the Commission of Income Tax (Appeals) [CIT(A)].5. Grounds for penalty order without jurisdiction.6. Tribunal's decision on the penalty order.7. Approval of previous decisions by the Supreme Court.8. Reference to a larger Bench regarding satisfaction of the officer initiating penalty proceedings.9. Examination of the assessment order for discerning satisfaction of the Assessing Officer.10. Lack of discernible satisfaction in the assessment order.11. Examination of the matter on merits.12. Conclusion of no justification for levying the penalty.Analysis:1. The High Court dealt with an appeal under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against an order passed by the Income Tax Appellate Tribunal for the Assessment Year 1996-97. The Assessing Officer disallowed the claim on depreciation and deduction under Section 80-M of the Act, leading to the initiation of penalty proceedings under Section 271(1)(c) for concealing income.2. The CIT(A) partly allowed the Assessee's appeal, confirming the penalty on excess depreciation claimed but canceling the penalty on the excess deduction under Section 80-M. The Tribunal, in ITA No. 1421/Del/2005, found the penalty order to be without jurisdiction due to the AO's failure to record satisfaction in the assessment order for initiating penalty proceedings, following previous court decisions.3. The Tribunal further examined the penalty order's merits and concluded that the AO did not find fault with the Assessee's furnished particulars or unearth undisclosed material facts, rendering the penalty unsustainable in law. The High Court noted the approval of previous decisions by the Supreme Court and referenced a larger Bench regarding the satisfaction requirement for initiating penalty proceedings.4. After examining the assessment order, the High Court found no discernible satisfaction of the Assessing Officer for initiating penalty proceedings against the Assessee under Section 271(1)(c). The Court also reviewed the matter on merits and upheld the Tribunal's decision that there was no justification for levying the penalty, given the lack of false particulars or undisclosed material facts by the Assessee.5. Ultimately, the High Court dismissed the appeal, stating that no substantial question of law arose in the case, thereby affirming the Tribunal's decision regarding the penalty order.