SMT. R. PRAKASH BAI,CHENNAI vs. ACIT, CUDDALORE
What did the Tribunal hold?
The Tribunal held that since the assessee furnished all details of pawn broking advances and books of accounts, it cannot be said that income was concealed. The penalty was deemed not leviable in this case.
What were the facts?
The assessee offered an addition of Rs. 8,51,000/- for taxation related to pawn broking advances. The Assessing Officer levied penalty under Section 271(1)(c) for not explaining the source of these advances, treating them as unexplained cash credit under Section 68.
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when the assessee offers an addition for taxation after providing details and books of accounts, and the source of the advance is not fully explained.
Which sections of the Income-tax Act were involved?
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- Mak Data Pvt. Ltd. v. CIT443 citing358 ITR 593 · 2013 · SC · Read judgment
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) – Puducherry, Chennai dated 25.05.2016, confirming the penalty levied by the Assessing Officer under Section 271(1)(c) of the Income Tax Act, 1961 (in short ‘the Act’) for the assessment year 2008-09.
Shri G. Baskar, the Ld. counsel for the assessee submitted that the Assessing Officer has not indicated in the show cause notice that whether he propose to levy penalty for concealment of particulars of income or for furnishing inaccurate particulars of such income.
Therefore, the penalty levied by the Assessing Officer is not justified.
The Ld. counsel placed his reliance on the unreported judgment of the Karnataka High Court in CIT v SSA’s Emerald Meadows in of 2015. The Ld. counsel has also filed a copy of the unreported judgment of the Karnataka High Court. Referring to another judgment of the Apex Court, the Ld. counsel submitted that the SLP filed against the above Karnataka High Court Judgment was dismissed by the Apex Court.
Referring to the merit of the appeal, the Ld. counsel submitted that the assessee has furnished all the details of pawn broking advances before the Assessing Officer. The assessee has also explained before the Assessing Officer that the outstanding pawn broking advances includes her own money. Merely because the assessee agreed for addition of Rs.8,51,000/- and offered the same for taxation that does not mean that the assessee has furnished any inaccurate particulars. In the absence of any material to suggest that the assessee has furnished inaccurate particulars of income or concealed any part of her income penalty under Section 271(1)(c) of the Act cannot be levied at all.
Therefore, the CIT (Appeals) is not justified in confirming the penalty levied by the Assessing Officer.
On the contrary, Shri Sanat Kumar Raha, the Ld. Departmental Representative submitted that the assessee suppressed the pawn broking advance to the extent of Rs.9,51,000/-. The Revenue authorities found out the same during the course of survey operation.
The assessee has rightly accepted the suppression made in pawn broking advance. Placing reliance on the judgment of the Apex Court in MAK Data Pvt. Ltd. v. CIT [2013] 358 ITR 593 (SC), the Ld. D.R., submitted that merely because the assessee admitted Rs.8,51,000/- and offered the same for taxation that would not absolve the legal liability of paying penalty. Therefore, the CIT (Appeals) has rightly confirmed the penalty levied by the Assessing Officer.
I have considered the rival submissions on either side and perused the material available on record. The Assessing Officer levied penalty of Rs.3,45,261/- under Section 271(1)(c) of the Act without undertaking whether the assessee has concealed her income or furnished any inaccurate particulars of income. The fact remains is that Smt. R.
Prakash Bai expired on 30.05.2015, when the appeal was pending before the CIT(Appeals). The legal heirs of Smt. R. Prakash Bai prosecuted the appeal before the CIT(Appeals) and the CIT(Appeals) confirmed the penalty levied by the Assessing Officer. Now the present appeal is filed by the legal heir of Smt. Prakash Bai. The assessee has furnished the books of accounts before the Assessing Officer. The assessee has filed the details of pawn broking advance before the Assessing Officer. The assessee admitted before the Assessing Officer for taxation of Rs.8,51,000/-. The Assessing Officer found that the assessee could not explain the sources for pawn broking advance.
Therefore he treated it has unexplained cash credit under Section 68 of the Act.
I have carefully gone through the orders of both the authorities below. The assessee furnished the books of accounts and also details of pawn broking advance. Merely because the source of the advance was not explained by the assessee before the Assessing Officer, the Assessing Officer levied the penalty. This Tribunal is of the considered opinion that when the assessee has filed all the details of the pawn broking advance and the books of accounts, it cannot be said that the assessee has concealed any part of her income. Moreover, the assessee is no more and the legal heirs of the assessee may not explain the source for making the pawn broking advance. Taking into consideration of the fact that the assessee has furnished the books of accounts before the Assessing Officer and also the details of pawn broking advance, this Tribunal is of the considered opinion that this is not a fit case for levy of penalty. Accordingly, the orders of the lower authorities are set aside and the penalty levied by the Assessing Officer is deleted.
In the result, the appeal of the assessee stands allowed.
Order pronounced on 27th February, 2017 at Chennai.
More judgments on Section 271(1)(c)
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- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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