ITO, CHENNAI vs. SHANMUGHAM RAMAMOORTHY, CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee had furnished complete particulars with a bonafide belief, and the AO merely rejected the claim during scrutiny assessment. Since the assessee agreed and paid the tax, and the CIT(A) found no concealment or furnishing of inaccurate particulars, the penalty was not leviable.
What were the facts?
The assessee claimed deduction under Section 54 for capital gains on sale of property, which the Assessing Officer disallowed as it was a commercial property and the purchased property was agricultural land. The AO also disallowed deduction under Section 54F. Consequently, a penalty was levied under Section 271(1)(c).
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when an assessee claims a deduction in good faith which is disallowed during scrutiny assessment, and subsequently pays the tax without admission of concealment or furnishing inaccurate particulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Manjunatha Cotton & Ginning Factory2,590 citing359 ITR 565 · 2013 · HC · Read judgment
- CIT v. Reliance Petroproducts Pvt. Ltd.2,228 citing322 ITR 158 · 2010 · SC · Read judgment
Before: Shri A. Mohan Alankamony & Shri Duvvuru RL Reddy
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R
PER DUVVURU RL REDDY, JUDICIAL MEMBER:
This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) 10, Chennai dated 18.11.2016 relevant to the assessment year 2012-13 passed against levy of penalty under section 271(1)(c) of the Income Tax Act, 1961 [“Act” in short].
Brief facts of the case are that the assessee is an individual and sold a property at door No.70/A/1, New Door No.8/70-A1, Srinivasa Perumal Koil
2 & C.O. No. 59/Chny/17 Street, Cantonment Pallavaram and the sale price of the land and building was ₹.2,96,33,000/-. The assessee worked out the capital gain at ₹.1,41,09,724/- and claimed deduction under section 54 of the Act for the entire amount and admitted nil income under long term capital gain. The Assessing Officer found during the course of assessment proceedings that the property sold was not a residential property but commercial property. The Assessing Officer also found that the property purchased out of the sale proceeds, was only an agricultural land of 7.5 acres which consisted of a small house measuring 990 sq.ft. and hence, disallowed the total deduction claimed by the assessee under section 54 of the Act of ₹.1,84,99,503/- as the deduction was allowable only for residential property. Further, the Assessing Officer also observed from the return filed for consecutive assessment years that the assessee had owned more than two residential houses at the time of sale of his property and accordingly held that the assessee was not eligible for deduction under section 54F of the Act also.
In the penalty order, the Assessing Officer observed that the act of assessee in claiming a deduction that he is not entitled for also tantamount to suppression / concealment of income. Further such a claim also falls under furnishing of inaccurate particulars of income. Thus, by following the decision of Hon'ble Supreme Court in the case of Union of India Vs. Dharmendra Textile Processors 301 ITR 277, wherein, it was held that mens
3 & C.O. No. 59/Chny/17 rea not essential for civil liability of penalty and moreover, it was also a fact that this amount could not have been assessed but for the scrutiny assessment and there is no voluntary admission by assessee, the Assessing Officer levied penalty of ₹.38,10,897/-.
The assessee carried the matter in appeal before the ld. CIT(A). After considering the submissions of the assessee as well as facts of the case and by following the decision in the case of CIT v. Manjunatha Cotton & Ginning Factory 359 ITR 565 (Kar.), the ld. CIT(A) deleted the penalty levied under section 271(1)(c) of the Act.
Aggrieved, the Revenue is in appeal before the Tribunal. The ld. DR submitted that the assessee was not eligible to claim exemption either under section 54 or under section 54F of the Act and thereby furnished inaccurate particulars and concealed the income by claiming exemption, which was found during the course of scrutiny assessment. Therefore, the Assessing Officer rightly levied penalty under section 271(1)(c) of the Act, which should be confirmed by reversing the order of the ld. CIT(A).
Per contra, by filing Cross Objection, the assessee has strongly supported the order passed by the ld. CIT(A) in deleting the penalty levied under section 271(1)(c) of the Act and prayed for confirming the order passed by the ld. CIT(A).
4 & C.O. No. 59/Chny/17 7. We have heard both sides, perused the materials available on record and gone through the orders of authorities below. In this case, regular assessment under section 143(3) of the Act was passed after issuing statutory notices. It is not the case of the Department that the return filed by the assessee was initially processed under section 143(1) of the Act and thereafter, it was detected that the income chargeable to tax has escaped assessment or there was any search or survey in the case of the assessee. In this case, the assessee has furnished complete particulars of income with a bonafide belief that whatever details furnished in the return or correct. If the Assessing Officer found any of the claim made by the assessee is not correct, he is suppose to reject such claim and the assessee is liable to pay tax. In this case also, the Assessing Officer held that the assessee is not eligible to claim deduction under section 54 or under section 54F of the Act and accordingly, the assessee agreed and paid tax, which was also not disputed. The ld. CIT(A) has observed that the Assessing Officer has not established anywhere in the assessment order that the assessee has concealed the particulars of income or furnished inaccurate particulars of income. He further observed that just because the assessee has accepted the addition in the scrutiny assessment, the Assessing Officer cannot levy penalty under section 271(1)(c) of the Act in a mechanical manner.
5 & C.O. No. 59/Chny/17 7.1 By referring the decision of the Hon’ble Supreme Court in the case of CIT v. Reliance Petroproducts P. Ltd. 322 ITR 158, in the case of CIT v Manjuntha Cottan & Ginning Factory (supra), the Hon’ble Karnataka High Court has held that even if the assessee has not challenged the order of assessment levying tax and interest and has paid tax that by itself would not be sufficient for the authorities either to initiate penalty proceedings or impose penalty, unless it is discernible from the assessment order that, it is on account of such unearthing or enquiry conducted by the authorities which has resulted in payment of such tax or such tax liability came to be admitted, and if not, it would have escaped from tax net as opined by the Assessing Officer in the assessment order. Accordingly, by following the above decisions, the ld. CIT(A) has held that penalty under section 271(1)(c) of the Act is not leviable on the assessee’s claim of deduction under section 54 of the Act and deleted the penalty. Thus, we find no infirmity in the order passed by the ld. CIT(A) and accordingly, the ground raised by the Revenue is dismissed.
In the Cross Objection filed by the assessee, the assessee has strongly supported the order passed by the ld. CIT(A) and no new ground has been raised for adjudication. Since we have confirmed the order passed by the ld. CIT(A) in deleting the penalty levied under section 271(1)(c) of the
In the result, the appeal filed by the Revenue and the Cross Objection filed by the assessee are dismissed.
Order pronounced on the 26th April, 2018 at Chennai.
More judgments on Section 54
- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
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