ITA overturns penalty under section 271(1)(c) for inaccurate income particulars

The ITAT allowed the Assessee's appeal against a penalty order under section 271(1)(c) of the Income Tax Act for AY 2013-2014. The Assessee's penalty for furnishing inaccurate income particulars was contested due to disallowed expenses. The ITAT found the disallowance was estimated at 15%, indicating no deliberate inaccuracy. Relying on precedents, the ITAT held penalties cannot be imposed on estimated additions. Consequently, the penalty was overturned, emphasizing it was unjustified given the estimated nature of the income determination. The judgment was delivered on 17/08/2021 in Ahmedabad.

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Issues:
- Appeal against penalty order under section 271(1)(c) of the Income Tax Act, 1961 for Assessment Year 2013-2014.

Analysis:
1. The appeal was filed by the Assessee against the order of the Commissioner of Income Tax (Appeals) confirming the penalty under section 271(1)(c) of the Act. The Assessee contended that the penalty was wrongly imposed for furnishing inaccurate particulars of income.

2. The facts revealed that the Assessee declared income under various heads, including short term capital gain. The Assessee claimed expenses on sand, bricks, and matipuran, which the Assessing Officer (AO) found to be bogus during assessment proceedings. Consequently, the AO disallowed these expenses and added them to the Assessee's total income. The penalty proceedings under section 271(1)(c) were initiated and a penalty of Rs. 15,79,620 was levied.

3. The Assessee appealed to the Commissioner of Income Tax (Appeals), who upheld the AO's order, leading to the current appeal before the ITAT.

4. The Assessee argued that the disallowance made by the ITAT in the quantum proceedings was only 15% of the claimed expenses, indicating an estimated basis for the disallowance. Citing relevant case law, the Assessee contended that penalties cannot be imposed based on estimated additions.

5. The ITAT considered the contentions of both parties and noted that the disallowance by the ITAT was indeed on an estimated basis of 15%, with the remaining 85% treated as genuine. Therefore, it was inferred that there was no deliberate attempt by the Assessee to furnish inaccurate particulars of income.

6. Relying on the judgments of the Gujarat High Court and a previous Tribunal order, the ITAT concluded that no penalty should be imposed on the Assessee as the income was determined on an estimated basis. The appeal of the Assessee was allowed, overturning the penalty under section 271(1)(c) of the Act.

7. In the final order, the ITAT allowed the appeal of the Assessee, emphasizing that the penalty could not be upheld as it was based on estimated additions. The judgment was pronounced on 17/08/2021 at Ahmedabad.

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