PRINCIPAL COMMISSIONER OF INCOME TAX 5 vs. M/S NATRAJ
What did the High Court hold?
The Tribunal upheld the deletion of the penalty by the CIT(A). The Tribunal noted that the quantum proceedings had granted substantial relief to the assessee, indicating that the issue was complex and debatable. The AO had modified the cost of acquisition based on the fair market value as on April 1, 1981, as claimed by the assessee under Section 48 read with Section 55(2)(b). The AO disallowed the deduction on the ground that the assessee had not incurred any cost for acquiring the leasehold rights. However, the assessee had acted upon professional advice for determining the fair market value of the cost of acquisition. The Tribunal found no falsity in the assessee's claim per se and concluded that, in view of the mitigating circumstances and the explanation offered, the assessee's conduct was not malafide. Therefore, the Tribunal declined to interfere with the CIT(A)'s order deleting the penalty. The High Court dismissed the Tax Appeal.
What were the facts?
The Revenue is in appeal against the Income-Tax Appellate Tribunal's (ITAT) order dated August 22, 2017. The appeal concerns a penalty of Rs. 67,26,000 levied under Section 271(1)(c) of the Income-tax Act, 1961, for alleged concealment of income due to a wrong claim of the cost of acquisition to evade long-term capital gains. The Assessing Officer (AO) had made additions, which were deleted by the Commissioner of Income-tax (Appeals) [CIT(A)], and this deletion was upheld by the ITAT. The core issue revolves around the valuation of leasehold rights as on April 1, 1981, and whether the assessee's claim constituted concealment warranting penalty.
What were the issues?
1. Whether the Appellate Tribunal was correct in law and fact in upholding the CIT(A)'s decision and deleting the penalty of Rs. 67,26,000 under Section 271(1)(c) of the Act, levied for concealment of income by way of a wrong claim of cost of acquisition to evade long-term capital gains? (Question of law and fact, concerning Section 271(1)(c)). 2. Whether 'ignorance of law' can be a valid ground to hold that the assessee has not concealed income and that penalty under Section 271(1)(c) is not leviable? (Question of law, concerning Section 271(1)(c)). Assessee's Contentions: The assessee acted upon the advice of a professional for determining the fair market value of the cost of acquisition. The issue was complex and debatable. The explanation offered by the assessee was not malafide, considering the mitigating circumstances. Revenue's Contentions: The revenue contended that the assessee had concealed income by making a wrong claim of the cost of acquisition, leading to evasion of long-term capital gains, and therefore, the penalty under Section 271(1)(c) was leviable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
C/TAXAP/981/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 981 of 2018 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX 5 Versus M/S NATRAJ ========================================================== Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 MR B S SOPARKAR(6851) 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 22.8.2017 raising following question for our consideration. “A. Whether the Appellate Tribunal is correct in law and in fact in upholding the decision of the ld. CIT(A) and deleting the penalty of Rs.67,26,000/ u/s.271(1)(c) of the Act levied on account of concealment of income by way of wrong claim of cost of acquisition to evade long term capital gains? B. Whether 'ignorance of law' can be a valid ground to hold that the assessee has not concealed the income and penalty u/s.271(1)(c) of the Act is not leviable?”
Page 1 of 3
C/TAXAP/981/2018 ORDER 2. Issue pertains to penalty imposed by the Assessing Officer under Section 271(1)(c) of the Incometax Act, 1961. It was deleted by the CIT (Appeals) and confirmed by the Tribunal. Tribunal in the process observed as under : “7. With the assistance of the Ld.AR for assessee, we notice that the Coordinate Bench of Tribunal in quantum proceedings in ITA No.3036/Ahd/2010 for AY 200708 order dated 04.01.2013 has granted substantial relief to the assessee against the action of the AO in quantum proceedings. A reading of the order of the Tribunal shows that the issue involved is complex and debatable in nature.
After perusal of the orders of the authorities below and after taking note of rival submissions, we are unable to find any infirmity in the conclusion drawn by the CIT(A). The CIT(A) has taken note of the relevant facts while adjudicating the issue in favour of assessee. As can be seen, the cause of action arose on account of modification of cost of acquisition made by the AO with regard to the fair market value as on 01.04.1981 claimed by the assessee in the return of income having regard to section 48 r.w.s. 55(2)
(b) of the Act. The AO did not allow the deduction towards cost of acquisition on the ground that the assessee has not incurred any cost for acquiring the leasehold rights. We notice that the assessee had acted upon the advice received from a professional for determination of fair market value of cost of acquisition. Thus, we do not see any Page 2 of 3
C/TAXAP/981/2018 ORDER falsity in the claim of assessee per se. 9. In
view
the
mitigating circumstances available, the explanation offered by the assessee cannot be termed as malafide. Therefore, we decline to interfere with the order of the CIT(A) in the deleting the penalty.” 3. We gather that the issue pertains to valuation of leasehold rights as on 1.4.1981. The Assessing Officer did not accept valuation adopted by the assessee and made corresponding additions. We notice that on merits itself substantial additions were deleted by higher authorities. Thus the issue itself was highly debatable and substantially fact based. In background of such facts the Tribunal held that this is not a fit case for penalty. No interference is needed. Tax Appeal is dismissed. 4. Nothing stated in this order will affect the Revenue's appeal against the deletion of quantum addition we are informed is pending. (AKIL KURESHI, J) (B.N. KARIA, J) K.K. SAIYED Page 3 of 3
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