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of <h1>Penalty under section 271(1)(c) deleted where debatable quantum addition does not sustain unexplained cash credits penalty</h1> <h3>Harpal Singh Harpura Versus CIT (A), NFAC, New Delhi</h3> Harpal Singh Harpura Versus CIT (A), NFAC, New Delhi - TMI This appeal under section 271(1)(c) for AY 2012-13 challenges a penalty imposed for alleged 'concealed and furnished inaccurate particulars of his income' relating to unexplained cash credits of Rs. 25,25,000 added in assessment proceedings. The matter proceeded ex parte for the assessee. The revenue submitted that the assessee failed to explain the source of the cash credits in quantum proceedings; however, the assessee had attempted to lead supportive evidence which was declined during those proceedings. Relying on CIT vs. Reliance Petroproducts Pvt. Ltd. (2010) 322 ITR 158 (SC), the tribunal noted that 'quantum and penalty proceedings are parallel proceedings wherein each and every addition/disallowance made in the course of the former does not ipso facto attract the latter penal provision in case of such a debatable issue.' Applying that principle, the tribunal deleted the penalty order in very terms and allowed the appeal. Order pronounced 07/01/2025.
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