2012 (12) TMI 457 - HC - Income Tax

High Court upholds Income Tax penalty, citing lack of evidence and improper depreciation claim.

COMMISSIONER OF INCOME TAX Versus MORGAN FINVEST PVT LTD.

COMMISSIONER OF INCOME TAX Versus MORGAN FINVEST PVT LTD. - TMI Issues Involved:1. Legitimacy of the penalty imposed under Section 271(1)(c) of the Income Tax Act, 1961.2. Whether the property was used for the purpose of the assessee's business.3. Bona fides of the claim for depreciation on the property including the cost of land.Issue-wise Detailed Analysis:1. Legitimacy of the Penalty Imposed under Section 271(1)(c):The case revolves around the penalty of Rs.14,46,239/- imposed by the assessing officer under Section 271(1)(c) of the Income Tax Act, 1961, which was initially confirmed by the CIT (Appeals) but later deleted by the Tribunal. The High Court was tasked with determining whether the Tribunal erred in law by deleting this penalty.2. Whether the Property was Used for the Purpose of the Assessee's Business:The assessee, a private limited company, claimed depreciation on a property purchased and subsequently sold within a short period. The assessing officer found that the property was residential and had not been used for business purposes, as evidenced by local inquiries and the fact that the property remained vacant. The Tribunal, however, accepted the assessee's explanation that the property was intended for business but was sold later due to unsuitability for commercial activities. The High Court disagreed with the Tribunal, emphasizing the lack of evidence showing the property was used for business purposes and noting the short holding period and the use of borrowed funds indicated a motive for short-term gains.3. Bona Fides of the Claim for Depreciation on the Property Including the Cost of Land:The assessing officer disallowed the depreciation claim, noting that it included the cost of land, which is not depreciable under the Act. The assessee's explanation was that the claim was bona fide and made per the Income Tax Rules, with full disclosure of particulars. The Tribunal found the explanation satisfactory and canceled the penalty. However, the High Court found the claim to be not bona fide, highlighting the inclusion of land cost in the depreciation claim and the lack of evidence for business use of the property. The High Court referred to the Supreme Court's judgment in CIT vs. Alps Theatre, which established that no depreciation is allowable on land, thereby reinforcing the non-bona fide nature of the claim.Conclusion:The High Court found the Tribunal's decision to cancel the penalty unjustified, noting that the Tribunal failed to address the findings of the income tax authorities adequately. The High Court emphasized the lack of evidence for business use of the property and the improper inclusion of land cost in the depreciation claim. Consequently, the High Court answered the substantial question of law in favor of the revenue, reinstating the penalty imposed by the assessing officer and confirmed by the CIT (Appeals). The appeal of the revenue was allowed with no order as to costs.