1979 (2) TMI 147 - AT - Income Tax

Tribunal cancels penalty for income concealment due to lack of evidence, no deliberate concealment found

The Tribunal allowed the assessee's penalty appeal, canceling the Rs. 7,500 penalty imposed for alleged income concealment in the assessment year 1973-74. ... - Issues:- Minimum penalty levied by IAC on the assessee for concealment of income for the assessment year 1973-74.- Dispute regarding turnover and income estimation based on Sales-tax assessment and Income-tax assessment.- Assessment by ITO, AAC, and Tribunal leading to different estimations of net income.- Examination of slips by STO indicating suppression of purchases and sales.- Application of Explanation to section 271(1)(C) in penalty proceedings.- Comparison of the present case with the Addl. CIT vs. E. Bhoopathy case for concealment inference.Analysis:The assessee appealed against the IAC's order imposing a minimum penalty of Rs. 7,500, equivalent to the income sought to be concealed for the assessment year 1973-74. The dispute arose from discrepancies in turnover and income estimation following Sales-tax and Income-tax assessments. The Sales-tax Tribunal reduced the taxable turnover to Rs. 1,60,000, while the Income-tax authorities estimated the net income at Rs. 40,000 based on turnover of Rs. 5,53,623. The AAC and Tribunal subsequently fixed the net income at Rs. 18,000 and Rs. 16,000, respectively, leading to the penalty imposition by the IAC.The Tribunal found no evidence of income concealment or inaccurate particulars, emphasizing that it was a case of estimate against estimate. The assessee had estimated a net profit of Rs. 8,500 in the return, considering additional sales and purchases not reflected in the books. The Tribunal reasoned that the estimated net income of Rs. 16,000 was a reasonable adjustment, indicating no deliberate underestimation or concealment. The examination of slips by the STO, indicating suppression of purchases and sales, was deemed inconclusive due to lack of direct evidence and reliance on hearsay.The Explanation to section 271(1)(C) was considered inapplicable as there was no proof of fraud or willful neglect by the assessee in reporting income. The Tribunal highlighted the absence of material indicating intentional concealment or negligence, leading to the cancellation of the penalty. The comparison with the Addl. CIT vs. E. Bhoopathy case emphasized the need for concrete evidence of wealth increase or unexplained income, which was absent in the present case, supporting the decision to cancel the penalty.In conclusion, the Tribunal allowed the assessee's penalty appeal, canceling the Rs. 7,500 penalty imposed for alleged income concealment in the assessment year 1973-74.