JAMES KUDAKUTHIYIL CHACKO,KERALA vs. DCIT, INTERNATIONAL TAXATION CIRCLE, TRIVANDRUM

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ITA 864/COCH/2022Status: DisposedITAT Cochin03 July 2024AY 2013-14Bench: SHRI CHANDRA POOJARI (Accountant Member), SHRI SOUNDARARAJAN K. (Judicial Member)3 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the omission was a bona fide mistake due to staff error, supported by an affidavit. Therefore, the assessee cannot be considered to have concealed income or furnished inaccurate particulars.

What were the facts?

The assessee sold four properties and inadvertently missed offering capital gains from one property (Edapally) in the return of income. The assessee attributed this omission to an accountant's mistake and provided an affidavit.

What were the issues?

Whether the penalty under Section 271(1)(c) is leviable when the omission to offer capital gains was due to a bona fide mistake by an employee, as evidenced by an affidavit.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH: COCHIN

Before: SHRI CHANDRA POOJARI & SHRI SOUNDARARAJAN K.

Hearing: 03.07.2024Pronounced: 03.07.2024

PER CHANDRA POOJARI, ACCOUNTANT MEMBER:

1.

These appeals by assessee are directed against order of CIT(A)- 12 Bengaluru dated 22.6.2022 which is with regard to quantum addition in the assessment year 2013-14 passed by CIT(A)-12, Bengaluru dated 22.6.2022 with regard to confirming levy of penalty u/s 271(1)(c) of the Income Tax Act, 1961 (in short “The Act”).

2.

At the time of hearing, ld. A.R. filed a letter dated 3.7.2024. The assessee was not interested to press the appeal in ITA No.865/Coch/2022. Accordingly, this appeal is dismissed as not pressed.

3.

With regard to 4 properties and offered capital gain in respect of 3 properties. & 865/Coch/2022 James Kudakuthiyil Chacko, Changanacherry Page 2 of 3 However, the assessee missed out the capital gain arised out of Edapally property in the return of income. The assessee pleaded before lower authorities that it was inadvertent mistake done by assessee’s accountant Sri Sinoj. To this effect, assessee filed an affidavit from his staff Sri Sinoj. The ld. AO has not given any credence to the said explanation offered by the assessee. He was of the opinion that assessee has concealed the capital gain to the tune of Rs.52,96,329/- in respect of Edapally property and levied penalty @ 100% tax sought to be evaded worked out at Rs.10,91,040/-. Against this assessee carried the appeal to ld. CIT(A), who has confirmed it. Once again assessee is in appeal before us.

4.

We have heard the rival submissions and perused the materials available on record. Before the lower authorities, assessee given explanation that the assessee has made inadvertent error and not offered the capital gain in respect of Edapally property. This mistake was found at later stage and it was the mistake of assessee’s employee Sri Sinoj. He has filed an affidavit affirming his mistake. However, they have not considered the same as bona fide and rejected the claim of the assessee. In our opinion, when the assessee filed an affidavit affirming the facts related to the case, it is duty of the ld. AO to examine the deponent of that affidavit before taking any adverse view on the matter. However, in the present case, the ld. AO not examined the facts where the explanation given by the assessee that it was because of the mistake of the assessee’s staff. The capital gain arising out of transfer of Edapally property was not offered to taxation, though there was sworn affidavit filed by the assessee from the assessee’s side. Since in our opinion, the explanation given by the assessee is bona fide and from this point of view, it cannot be held that assessee has concealed income and or furnished any inaccurate particulars of income. Being so, we are inclined to delete the penalty levied by the ld. AO u/s 271(1)(c) of the Act.

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