1988 (4) TMI 43 - HC - Income Tax

High Court affirms Tribunal's decision canceling penalty under Income-tax Act

The High Court upheld the Tribunal's decision to cancel the penalty imposed by the Income-tax Officer for default under section 139(2) of the Income-tax ... Penalty Issues:Whether the Tribunal was right in canceling the penalty imposed by the Income-tax Officer for default under section 139(2) of the Income-tax Act, 1961.Analysis:The judgment pertains to a reference under section 256(1) of the Income-tax Act, 1961, where the Revenue sought an answer regarding the cancellation of penalty by the Tribunal for default under section 139(2) of the Act. The relevant assessment year was 1970-71, and the assessee failed to file the income tax return by the due date, under the impression that no return was required due to incurring a loss. The Income-tax Officer issued a notice under section 139(2) requiring the return to be filed, which the assessee did after the specified date. The Officer imposed a penalty under section 271(1)(a) for failure to furnish the return under section 139(1). The Appellate Assistant Commissioner upheld the penalty, but the Tribunal set it aside, citing a reasonable cause for the failure based on an honest difference of opinion regarding the nature of certain losses claimed by the assessee. The Tribunal held that since no penalty was levied under section 139(2), it couldn't be imposed under section 271(1)(a) either.The High Court, in its analysis, found no fault with the Tribunal's decision. It upheld the Tribunal's findings that there was a reasonable cause for the failure to file the return under section 139(1) and that penalty couldn't be sustained for default under section 139(2) as it was not the basis for the penalty imposed by the Income-tax Officer. The Court agreed that the Tribunal's view was justified based on factual findings and adequate reasoning. Therefore, the reference was answered against the Revenue and in favor of the assessee, with no costs awarded.