1982 (2) TMI 6 - HC - Income Tax

Court upholds Tribunal decision canceling penalties under Income-tax Act for non-concealment of income

The court affirmed the Income-tax Appellate Tribunal's decision to cancel penalties for the assessment years 1965-66, 1966-67, and 1968-69 under Section ... Burden Of Proof, Penalty Issues Involved:1. Legitimacy of the cancellation of penalties levied for the assessment years 1965-66, 1966-67, and 1968-69 under Section 271(1)(c) of the Income-tax Act, 1961.Issue-wise Detailed Analysis:1. Legitimacy of the cancellation of penalties levied for the assessment year 1965-66:The Income-tax Appellate Tribunal (ITAT) cancelled the penalty levied for the assessment year 1965-66. The Tribunal found that the assessee was under the bona fide impression that it had not become the owner of the looms in question and was merely an intermediary. It believed that it had to account for the profit by the sale of looms as an intermediary only when all the looms were sold. Consequently, the Tribunal concluded that the assessee could not be said to have concealed income, and no penalty could be levied.The court noted that the assessee had filed a revised return disclosing an income of Rs. 87,980 for the assessment year 1965-66 before the Income Tax Officer (ITO) initiated any proceedings. The Tribunal's finding was that the failure to return the correct income was not due to any gross or willful negligence on the part of the assessee. The Tribunal's approach was deemed correct, and the court affirmed that no penalty was exigible.2. Legitimacy of the cancellation of penalties levied for the assessment year 1966-67:For the assessment year 1966-67, the ITAT also cancelled the penalty. The Tribunal reiterated its findings that the assessee was under a bona fide impression that it was not the owner of the looms and was acting as an intermediary. The Tribunal concluded that the assessee did not conceal income and, therefore, no penalty could be levied.The court observed that the assessee had filed a revised return disclosing the profits derived from the sale of looms before the ITO initiated any proceedings. The Tribunal's conclusion that the failure to return the correct income was not due to any gross or willful negligence was upheld. The court found no reason to interfere with the Tribunal's order and answered the question in the affirmative, supporting the cancellation of the penalty.3. Legitimacy of the cancellation of penalties levied for the assessment year 1968-69:Similarly, for the assessment year 1968-69, the ITAT cancelled the penalty. The Tribunal's findings were consistent with the previous years, stating that the assessee was under the impression that it was not the owner of the looms and acted as an intermediary. As such, the Tribunal concluded that there was no concealment of income, and no penalty could be levied.The court noted that the assessee had taken the same stand before the Sales Tax Officer (STO) for the assessment years 1964-65 and 1965-66, where the assessee claimed not to have sold the looms. The Tribunal's finding that the failure to return the correct income was not due to any fraud or gross or willful neglect was upheld. The court affirmed the Tribunal's order and answered the question in the affirmative, supporting the cancellation of the penalty.Conclusion:The court concluded that the Tribunal was correct in holding that the assessee was not liable to penalty under Section 271(1)(c) of the Income-tax Act, 1961, for the assessment years 1965-66, 1966-67, and 1968-69. The Tribunal's findings were based on the bona fide impression of the assessee and the absence of any gross or willful negligence. The court answered all the questions in the affirmative and against the Revenue, affirming the cancellation of the penalties. The assessee was entitled to its costs, with counsel's fee fixed at Rs. 500 one set.