PRINCIPAL COMMISSINOER OF INCOME TAX 1 vs. PRAKASHCHANDRA S SONI HUF
What did the High Court hold?
The Tribunal held that there was no error or infirmity in the findings of the CIT(Appeals) and consequently deleted the penalty under Section 271(1)(c). The reasoning was that the assessee, being a HUF proprietary concern, could not have envisaged the value of the trademark/goodwill as recorded by the partnership firm in its books of accounts. Therefore, the assessee could not be held liable for concealing particulars of its income. Furthermore, the AO had taxed the income under a different head than what was directed by the Tribunal. Based on these facts, the Tribunal concluded that it was not a case for the levy of penalty under Section 271(1)(c). The High Court saw no reason to interfere with the ITAT's order.
What were the facts?
The Revenue is in appeal against the Income-Tax Appellate Tribunal's (ITAT) order dated February 26, 2018. The appeal concerns the deletion of a penalty of Rs. 1,13,30,000 levied by the Assessing Officer (AO) under Section 271(1)(c) of the Income-tax Act, 1961. The penalty was imposed on income arising from the transfer of trademark/goodwill, amounting to Rs. 5 crores, which was not disclosed in the assessee's return of income. The assessee is a Hindu Undivided Family (HUF) and a partner in a partnership business. The ITAT had previously held that the proportionate income falling to the assessee's hands would be taxed as capital gains, not business income.
What were the issues?
1. Whether the Appellate Tribunal has substantially erred in deleting the penalty under Section 271(1)(c) of the Income-tax Act, 1961, amounting to Rs. 1,13,30,000, which was levied by the AO on income arising from the transfer of Trademark/Goodwill valued at Rs. 5 crores, which was not disclosed in the return of income? Assessee's Contention (as inferred from the ITAT's reasoning): The assessee argued that they could not have foreseen the value of the trademark/goodwill as recorded by the partnership firm in its books of accounts. Therefore, the assessee cannot be held liable for concealing particulars of its income. The AO also did not tax the income under the head directed by the Tribunal but under a different head. Revenue's Contention: The Revenue contended that the ITAT erred in deleting the penalty under Section 271(1)(c) on the undisclosed income from the transfer of trademark/goodwill.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
C/TAXAP/977/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 977 of 2018 ========================================================== PRINCIPAL COMMISSINOER OF INCOME TAX 1 Versus PRAKASHCHANDRA S SONI HUF ========================================================== Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE B.N. KARIA
Date : 20/08/2018
ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue is in appeal against the judgment of the Incometax Appellate Tribunal dated 26.2.2018 raising following question for our consideration. “Whether the Appellate Tribunal has substantially erred in deleting the penalty u/s.271(1)(c) of the Act of Rs.1,13,30,000/ which was levied by the AO on the income arising from transfer of Trademark/Goodwill amount to Rs.5 crores which was not disclosed in the return of income ?” 2. Issue pertains to penalty under Section 271(1)(c) of the Incometax Act, 1961. The respondent assessee is an H.U.F. and who is partner in the partnership business. Income Page 1 of 3
C/TAXAP/977/2018 ORDER relates to valuation of trademark and goodwill. The Tribunal held that the proportionate income falling at the hands of the assessee would be taxed as capital gain and not business income. Eventually the question of imposing penalty arose. While confirming view of the CIT (Appeals), the tribunal under the context of penalty observed as under : “18. We have given a thoughtful consideration to the orders of the authorities below. Insofar as the treatment of the consideration of Rs.5 crores is concerned, the dispute is settled and the same has to be taxed u/s.45 of the Act. Admittedly, it is a fact that in spite of the findings of the Tribunal, the A.O. Treated the same as income under the business head. The provisions of Section 45(3) of the Act clearly states that for the purposes of Section 48, the amount recorded in the books of accounts as the value of the capital assets shall be deemed to the full value of the consideration. In our understanding of the facts, the HUF proprietary concern could not have envisaged
the
value
the trademark/goodwill to be recorded by the partnership firm in its books of accounts. Therefore, the assessee cannot be held liable for concealing any particulars of the its income. Moreover, the A.O. Has not taxed he income in the head of income as directed by the Tribunal but has taxed the same under a different head of income. On these facts, we do not find this to be a case for the Page 2 of 3
C/TAXAP/977/2018 ORDER levy of penalty u/s.271(1)(c) of the Act and therefore there is no error or infirmity in the findings of the ld. CIT(A). Appeal filed by the Revenue is dismissed.” 3. We see no reason to interfere. Tax Appeal is dismissed. (AKIL KURESHI, J) (B.N. KARIA, J) K.K. SAIYED Page 3 of 3
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