Tribunal Upholds Deletion of Penalty for Netting Interest on Tax Refund

DCIT Circle-1 (1), New Delhi Versus American Express India Pvt. Ltd.

DCIT Circle-1 (1), New Delhi Versus American Express India Pvt. Ltd. - Tmi Issues Involved:
Levy of penalty under section 271(1)(c) for filing inaccurate particulars of income related to interest on Income Tax Refund as income derived from export activities under section 10B for A.Y. 2002-03.

Detailed Analysis:

Issue 1: Claim of Deduction u/s 10B on Interest Income:
The assessee, a 100% Export Oriented Unit, claimed deduction u/s 10B by netting interest earned on Income Tax Refund against interest paid. The Assessing Officer held that interest income cannot be netted as it falls under 'income from other sources.' The CIT(A) allowed the netting off, but the Tribunal reversed the decision, holding the interest earned on refund is not eligible for deduction u/s 10B.

Issue 2: Penalty Imposition for Netting Interest Amount:
The Assessing Officer imposed a penalty under section 271(1)(c) for netting interest received on Income Tax Refund against bank interest paid. The CIT(A) deleted the penalty, emphasizing the adequate disclosure of the claim in the return notes and the absence of concealment or furnishing of inaccurate particulars. The Tribunal affirmed the deletion, citing the bona fide belief of the assessee based on judicial precedents and the previous acceptance of the claim in quantum proceedings.

Judicial Precedents and Arguments:
The Revenue relied on various judgments to support the penalty imposition, emphasizing that interest on Income Tax Refund cannot be considered income from business activities. The assessee argued that the claim was based on genuine belief supported by judicial precedents and previous acceptance by the CIT(A). The Tribunal upheld the deletion of the penalty, considering the bona fide belief of the assessee and the disclosure of claim particulars.

Conclusion:
The Tribunal dismissed the Revenue's appeal, affirming the deletion of the penalty imposed under section 271(1)(c) for netting interest on Income Tax Refund. The decision was based on the genuine belief of the assessee, adequate disclosure of claim particulars, and previous acceptance of the claim in quantum proceedings. The Tribunal held that the assessee did not furnish inaccurate particulars warranting the penalty.