1976 (10) TMI 49 - AT - Income Tax

Appellate Tribunal Cancels Penalties for Non-disclosure of Income

SECOND INCOME-TAX OFFICER. Versus DR. ZOHAD SYED ALL.

SECOND INCOME-TAX OFFICER. Versus DR. ZOHAD SYED ALL. - TTJ 004, 1316, Issues:1. Whether penalties imposed under section 271(1)(C) for non-disclosure of income from properties are justified.2. Whether the assessee concealed income in the original returns for the assessment years in question.3. How penalties should be quantified based on the timing of the concealment.Detailed Analysis:1. The Appellate Tribunal consolidated and disposed of 5 penalty appeals concerning an assessee who is a Doctor deriving income from profession and property. The penalties were imposed under section 271(1)(C) by the Income Tax Officer (ITO) for not disclosing income from two properties in the original returns. The assessee contended that penalties should be canceled as he did not intend to conceal income and had provided detailed computations of income. The Appellate Tribunal considered various legal precedents cited by the assessee and found that the ITO did not prove concealment of income or wilful neglect, thereby canceling the penalties imposed.2. The Appellate Tribunal analyzed whether the assessee concealed income in the original returns for the assessment years in question. It was established that the assessee did not disclose income from the properties in the original returns, leading to the inclusion of such income during reassessment proceedings. The Tribunal noted that concealment should be determined concerning the original returns filed by the assessee. Despite the higher income disclosed during reassessment, the failure to disclose income in the original returns constituted concealment. Legal principles and precedents were cited to support this conclusion, leading to the finding that the assessee concealed income for the relevant assessment years.3. Regarding the quantification of penalties based on the timing of concealment, the Tribunal deliberated on whether penalties should be levied as per the provisions when the original returns were filed or when returns were filed under section 148 of the Act. Citing legal authorities, the Tribunal held that concealment occurs when the return is filed, and penalties should be determined based on the law at the time of concealment. The Tribunal directed the ITO to levy a minimum penalty of 20% of the tax sought to be evaded by the assessee for the relevant years, considering the nature of the assessee's profession and the reasons for non-disclosure. Any excess penalty collected was to be refunded by the ITO. Consequently, the departmental appeals were allowed, upholding the penalties but quantifying them based on the timing of concealment.