COMMISSIONER OF INCOME TAX LARGE TAXPAYER UNIT, DELHI vs. INDIAN RENEWABLE ENERGY
What did the High Court hold?
The High Court found the ITAT's decision to be plausible, agreeing that there was no deliberate concealment by the assessee warranting a penalty. The court could not agree with the Revenue's contention.
What were the facts?
The assessee claimed Rs. 64 lakhs as administrative expenses for fees paid to the Registrar of Companies for capital enhancement. The Revenue contended this was a capital expenditure and the ITAT erred in deleting the penalty.
What were the issues?
Whether the ITAT was justified in deleting the penalty imposed under Section 271(1)(c) for claiming a capital expenditure as administrative expenses.
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. Reliance Petroproducts Pvt. Ltd.2,228 citing322 ITR 158 · 2010 · SC · Read judgment
- Punjab State Industrial Development Corporation Ltd. v. CIT158 citing225 ITR 792 · 1997 · SC
ITA 294/2016 Page 1 of 3 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No. 294/2016 COMMISSIONER OF INCOME TAX LARGE TAXPAYER UNIT, DELHI ..... Appellant Through : Mr. Ashok K. Manchanda, Mr. Raghvendra Singh, Senior Standing Counsel for Revenue. versus INDIAN RENEWABLE ENERGY ..... Respondent Through : Mr. Rohit Jain & Mr. Aniket D. Agarwal, Advocates. CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH O R D E R % 22.08.2017 1. This appeal by the Revenue is filed against an order dated 29th May 2015 by the Income Tax Appellate Tribunal (‘ITAT’) in Delhi in ITA No. 542/Del/2013 relating to the Assessment Year (‘AY’) 2003-04. 2. The question urged by the Revenue is whether the ITAT was justified in deleting the penalty imposed on the Assessee under Section 271(1)(c) of the Income Tax Act? 3. The brief facts are that the Assessee claimed deduction of Rs. 64 lakhs on account of the fees paid to the Registrar of Companies (‘ROC’) for
ITA 294/2016 Page 2 of 3 enhancement of capital under the head ‘Administrative Expenses’ and showed it as such in the Profit & Loss (P&L) Account. 4. The case of the Revenue was that even though the amount in question may have been claimed as ‘Administrative Expenses’ it was in fact a capital expenditure as held by the Supreme Court in its decision in Punjab State Industrial Development Corporation Ltd. v. CIT [1997] 225 ITR 792 (SC). 5. The ITAT has, in the impugned order, referred to the decision in CIT v. Reliance Petroproducts Pvt. Ltd. [2010] 322 ITR 158 (SC) in coming to the conclusion that this was not a case of concealment of material particulars which would warrant a levy of penalty. 6. Mr. Ashok Manchanda, learned Senior Standing counsel for the Revenue, urged that the ITAT erred in observing in para 20 in the impugned order that, in the computation of the income filed by the Assessee, the above facts were disclosed. He has produced a copy of the revised computation statement filed by the Assessee where there is no such specific disclosure regarding the above claim as ‘Administrative Expenses’. 7. On the other hand, learned counsel for the Assessee placed before us a copy of the P&L Account of the Assessee for the AY in question where the fact of the said amount being claimed as ‘Administrative Expenses’ is clearly mentioned in the notes to the accounts. He points out that the Commissioner of Income Tax (Appeals) [‘CIT(A)’] noticed this and then proceeded to revise the assessment order under Section 263 of the Act.
ITA 294/2016 Page 3 of 3 8. Having considered the submissions of the learned counsel of the parties, the Court is of the view that the decision of the ITAT was a plausible one in the facts and circumstances of the case. The Court is unable to agree with the Revenue that there is a deliberate concealment by the Assessee warranting the levy of penalty. 9. No substantial question of law arises. The appeal is, accordingly, dismissed. S. MURALIDHAR, J. PRATHIBA M. SINGH, J. AUGUST 22, 2017 j
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- 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
Recent GST High Court judgments
Search GST case law →- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026
- J.M.Swamy vs. Government Of INDIAKarnataka · 17 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Acc LTD. vs. Secy.Industries Deptt.Orissa · 16 Oct 2026
- Kumaran Transports (Tuticorin) Private Limited vs. The Assistant Commissioner Madras · 16 Oct 2026