Rajasthan High Court affirms Tribunal decision cancelling penalty for income concealment in halwai business case

Additional Commissioner Of Income-Tax Versus Aggarwal Misthan Bhandar

Additional Commissioner Of Income-Tax Versus Aggarwal Misthan Bhandar - [1981] 131 ITR 619 Issues involved: Reference u/s 256(1) of the I.T. Act, 1961 regarding penalty u/s 271(1)(c) for concealing income.

Summary:
The High Court of Rajasthan addressed a reference made by the Income-tax Appellate Tribunal regarding penalty imposition on an assessee for concealing income. The assessee, a halwai business, declared a total income of Rs. 98 but later accepted an estimated income of Rs. 16,500 proposed by the Income Tax Officer (ITO). The ITO initiated penalty proceedings u/s 271(1)(c) based on the discrepancy. The Appellate Tribunal, however, set aside the penalty, with the Accountant Member emphasizing that the assessee cooperated to avoid disputes and the judicial Member highlighting that the income was below the taxable limit of Rs. 25,000. The Tribunal referred the question of law on the levy of penalty to the High Court.

The department contended that the low initial income declaration and irregular bookkeeping indicated wilful concealment. However, the High Court disagreed, noting the nature of the halwai business and the Tribunal's acceptance of the assessee's explanation for accepting the ITO's estimate to avoid disputes. The Court emphasized that the Tribunal's discretion in accepting the assessee's explanation was a factual matter, not a legal one. Therefore, the Court found no defect in the Tribunal's order and answered the question in the affirmative, upholding the Tribunal's decision to cancel the penalty.

In conclusion, the High Court affirmed the Tribunal's decision to cancel the penalty imposed on the assessee for concealing income, based on the factual circumstances and the Tribunal's discretion in accepting the assessee's explanation.