1985 (12) TMI 124 - AT - Income Tax

ITAT Indore: Land sale capital gains exempt from tax in penalty case. Res judicata not applicable.

The Appellate Tribunal ITAT Indore partially allowed one appeal and fully allowed another in a case concerning penalties for late filing of income tax ... - Issues:Late filing of income tax returns leading to penalty under section 271(1)(a) of the Income Tax Act, 1961. Computation of penalty for late filing of returns. Whether capital gains received on the sale of agricultural lands are subject to capital gains tax.Analysis:The judgment by the Appellate Tribunal ITAT Indore pertains to appeals filed by the assessee against the orders of the AAC and the ITO regarding the imposition of penalties for late filing of income tax returns. The relevant assessment year is 1979-80, and the assessee had share income from a firm, income from agriculture, and capital gains. The ITO added capital gains received as compensation for the acquisition of agricultural lands to the assessee's income, and initiated penalty proceedings under section 271(1)(a) of the Act due to the belated filing of returns.The AAC rejected the assessee's contentions that the delay was due to a bona fide mistake of the counsel, as the facts presented did not support this claim. The AAC confirmed the imposition of penalties for late filing of returns in each case under section 271(1)(a) of the Act. The assessee then appealed, reiterating their arguments and presenting an additional ground challenging the computation of penalties based on the taxability of capital gains from agricultural lands.The Tribunal allowed the application for the additional ground, considering it a substantial legal issue. It held that the capital gains received on the sale of agricultural lands are not subject to capital gains tax, citing a relevant Bombay High Court decision. Therefore, the computation of penalties was deemed incorrect. The Tribunal recalculated the income after excluding the capital gains, leading to a reduction in taxable income for the assessee.Consequently, the Tribunal partly allowed one appeal and fully allowed another, based on the revised computation of income after excluding capital gains. The judgment emphasizes the independence of penalty proceedings from assessment proceedings, highlighting that principles of res judicata and estoppel do not apply in income tax matters.