2007 (11) TMI 648 - HC - Income Tax

Delhi High Court Upholds Assessee's Deduction Claim, Penalty Not Justified

The High Court of Delhi dismissed the Revenue's appeal against the Income Tax Appellate Tribunal's decision regarding the deduction claimed by the ... - Issues involved: Claim of deduction for fees paid to Registrar of Companies for increase in authorized share capital, disallowance of deduction by Assessing Officer, initiation of penalty proceedings u/s 271(1)(c)(c) of the Income Tax Act, 1961, findings of Commissioner of Income Tax(Appeals) and Income Tax Appellate Tribunal, applicability of penalty proceedings.Summary:The High Court of Delhi considered an appeal by the Revenue against an order of the Income Tax Appellate Tribunal related to deduction claimed by the Assessee for fees paid to the Registrar of Companies for increasing the authorized share capital. The Assessing Officer disallowed the deduction, treating it as capital expenditure and initiated penalty proceedings u/s 271(1)(c)(c) of the Income Tax Act, 1961. Both the Commissioner of Income Tax(Appeals) and the Tribunal concluded that the Assessee did not withhold information, conceal income, or provide inaccurate particulars justifying penalty proceedings. The Tribunal observed that the Assessee's error was in the computation of taxable income and application of incorrect legal provisions.The High Court, in light of the consistent findings of the CIT(A) and the Tribunal, held that no substantial question of law arose for consideration. It was noted that the Assessee did not furnish inaccurate particulars or conceal income but merely applied an incorrect legal position in its return. Therefore, the appeal was dismissed.