2012 (5) TMI 676 - AT - Income Tax

Tribunal cancels penalty for tax evasion due to cost increase, no deliberate concealment

D.C.I.T, Cir-1 (1), Baroda Versus Advanced Sysstek Pvt. Ltd., (Formerly known as Daniel Measurement & Control (I) Pvt. Ltd.)

The Tribunal upheld the CIT(A)'s decision to delete the penalty imposed on a Private Limited Company under section 271(1)(c) of the IT Act for the ... - Issues involved: Appeal against penalty u/s 271(1)(c) of the IT Act for assessment year 2002-03.Summary:1. Brief facts: The assessee, a Private Limited Company, faced a drastic fall in gross profit margin during assessment proceedings related to transfer pricing. The Assessing Officer (AO) substituted the net margin for determining Arm's Length Price, resulting in an addition to the income of the assessee. A penalty of Rs. 8,84,000 was imposed u/s 271(1)(c) of the Act, which was confirmed by the CIT(A).2. Decision of CIT(A): The CIT(A) deleted the penalty, stating that the method adopted by the assessee for determining Arm's Length Price was appropriate. The CIT(A) observed that there was no concealment of income or furnishing of inaccurate particulars, as all relevant facts were disclosed. The penalty was canceled based on judicial opinion that there was no deliberate withholding of information.3. Arguments: The Departmental Representative (DR) argued for the penalty, citing the significant fall in profit margin. The Authorized Representative (AR) contended that the profit decrease was due to increased material costs, with only a portion purchased from associated enterprises. The AR supported the deletion of the penalty by the CIT(A).4. Tribunal's Decision: After considering the submissions and evidence, the Tribunal upheld the CIT(A)'s decision to delete the penalty. It was noted that there was no concealment or furnishing of inaccurate particulars by the assessee. The shortfall in profit was attributed to increased raw material costs, with a small portion purchased from associated enterprises. The Tribunal dismissed the appeal of the revenue, affirming the deletion of the penalty.5. Conclusion: The Tribunal's order dismissing the revenue's appeal against the penalty u/s 271(1)(c) for assessment year 2002-03 was pronounced on 11-05-2012 by the Appellate Tribunal ITAT Ahmedabad.