2014 (8) TMI 1160 - AT - Income Tax

Tribunal decision: Penalty on interest income deleted, upheld on short-term capital gain

Income Tax Officer, Ward 2 (1), Pune. Versus Smt. Madhuri Satish Misal And Vice-Versa

Income Tax Officer, Ward 2 (1), Pune. Versus Smt. Madhuri Satish Misal And Vice-Versa - TMI Issues Involved:1. Penalty imposed under Section 271(1)(c) of the Income-tax Act, 1961.2. Addition of interest on bank deposits.3. Addition of short-term capital gain.4. Addition of TDR sale receipts.Detailed Analysis:1. Penalty Imposed under Section 271(1)(c) of the Income-tax Act, 1961:The core issue pertains to the penalty imposed by the Assessing Officer (AO) amounting to Rs. 45,38,213/- under Section 271(1)(c) of the Income-tax Act, 1961. This penalty was based on three additions made to the returned income: interest on bank deposits, TDR sale receipts, and short-term capital gain.2. Addition of Interest on Bank Deposits:The AO added Rs. 4,60,091/- as interest on fixed deposits with Dena Bank, which was not declared in the original return but was included in a revised computation submitted during assessment proceedings. The AO levied a penalty for concealment of income. The assessee argued that the omission was a genuine error, as the interest was credited by the bank after the renewal of old FDRs, which occurred post the close of the financial year. The CIT(A) sustained the penalty, but the Tribunal found the omission to be bona fide and directed the AO to delete the penalty.3. Addition of Short-term Capital Gain:The AO added Rs. 35,00,000/- as short-term capital gain from the sale of property, which the assessee did not declare in the original return. The assessee explained that the omission was unintended and accepted the addition during assessment proceedings. The Tribunal upheld the penalty, noting that the transaction was not declared in the return, and the assessee was aware of the income from the property sale. The Tribunal affirmed the orders of the authorities below, finding no plausible explanation from the assessee.4. Addition of TDR Sale Receipts:The AO added Rs. 1,11,67,378/- from TDR sales, which the assessee claimed were executed by her deceased husband and received as a result of a court dispute settlement. The assessee treated the receipt as a capital receipt not chargeable to tax but agreed to pay tax during assessment proceedings. The AO levied a penalty, arguing that the income was unearthed during assessment and would have remained untaxed otherwise. The CIT(A) deleted the penalty, and the Tribunal affirmed this, finding the assessee's explanation bona fide. The Tribunal noted that the assessee was not a party to the original transaction and received the amount as a legal heir, rebutting the presumption of concealment.Conclusion:The Tribunal dismissed the Revenue's appeal and partly allowed the assessee's cross-objection. It directed the deletion of the penalty on the interest income and upheld the penalty on the short-term capital gain. The Tribunal found the deletion of the penalty on TDR sale receipts justified, considering the bona fide explanation provided by the assessee. The Tribunal emphasized that assessment and penalty proceedings are independent, and the findings in assessment proceedings are not conclusive for penalty imposition.