2010 (4) TMI 734 - AT - Income Tax

Tribunal dismisses penalties for tax years 2000-01 and 2001-02, emphasizing proof of 'mens rea.'

The Tribunal upheld the CIT(A)'s decision to delete penalties for A.Ys. 2000-01 and 2001-02 under section 271(1)(c) of the Income-tax Act, 1961. It ... Penalty - It shall be worthwhile to note here that “mens rea” is an essential ingredient of concealment and the AO has nowhere proved the required “mens rea” i.e. the guilty mind of the appellant during the course of penalty proceedings - The learned AR has also contended that in the assessment order passed u/s 147/143(3) dated 18.09.2006, the AO has not initiated penalty proceedings u/s 271(1)(c) - The penalty proceedings and the assessment proceedings, both are different - This deeming provision is not absolute one but is rebut table one - Since the A.O. has not brought out any specific charge whether the penalty has been imposed on the concealment of income or for furnishing of inaccurate particulars of income - There can be no dispute that everything would depend upon the return filed by the assessee, because that is the only document where the assessee can furnish the particulars of his income - In the result, both the appeals filed by the Revenue stand dismissed Issues:- Penalty under section 271(1)(c) for A.Y. 2000-01 and A.Y. 2001-02.Analysis:1. The appeals were filed by the Revenue against the CIT(A)'s orders deleting penalties for A.Y. 2000-01 and A.Y. 2001-02 under section 271(1)(c) of the Income-tax Act, 1961.2. The CIT(A) deleted the penalties based on the argument that there was no concealment of income or inaccurate particulars provided by the assessee. The appellant believed partners were entitled to interest as per the partnership deed, and there was no deliberate concealment. The CIT(A) emphasized the necessity of proving 'mens rea' for concealment.3. The Revenue contended that the assessee's claims were not bona fide, leading to disallowances and penalty imposition under section 271(1)(c) for both A.Ys. The Revenue argued that Explanation 1 to section 271(1)(c) applied, justifying the penalty.4. The Tribunal noted that penalty under section 271(1)(c) is applicable if the assessee conceals income or provides inaccurate particulars. The onus is on the assessee to substantiate explanations. The Tribunal highlighted that the penalty and assessment proceedings are distinct.5. The Tribunal referenced legal precedents emphasizing the necessity for clear findings on whether penalties are imposed for concealment or furnishing inaccurate particulars. The absence of specific charges by the Assessing Officer led the Tribunal to conclude that the penalties could not be sustained.6. Referring to the Supreme Court decision in CIT vs. Reliance Petroproducts Pvt. Ltd., the Tribunal reiterated that incorrect claims do not necessarily constitute furnishing inaccurate particulars. Only inaccurate or false details in the return can attract penalties under section 271(1)(c).7. Ultimately, the Tribunal upheld the CIT(A)'s decision to delete the penalties for both A.Ys. 2000-01 and 2001-02, dismissing the Revenue's appeals.