EQUIPOISE INVESTMENTS P. LTD,MUMBAI vs. ITO 2(1(3), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that merely reclassifying income from one head to another does not amount to concealment of income or furnishing inaccurate particulars. Therefore, the penalty levied was deleted.
What were the facts?
The assessee claimed rental income as 'Income from Business and Profession', but the AO treated it as 'Income from House Property'. This led to penalty proceedings under Section 271(1)(c) after the quantum assessment was confirmed on remand.
What were the issues?
Whether reclassification of rental income from 'Business and Profession' to 'House Property' by the AO constitutes concealment of income or furnishing of inaccurate particulars, warranting penalty under Section 271(1)(c).
Which sections of the Income-tax Act were involved?
Section 271(1)(c),Section 253,Section 143(3),Section 271(4)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BENCH “H”,MUMBAI
Before: SHRI R.C.SHARMA & SHRI PAWAN SINGH
Assessee by : Shri Virag M. Shah (AR) Revenue by : Ms. Kusum Bansal(DR) Date of hearing : 13.10.2016 Date of Pronouncement : 19.10.2016 O R D E R
PER PAWAN SINGH, JM:
This appeal u/s 253 of the Income-tax Act is directed by the assessee against the order of CIT(A)-4, Mumbai dated 14.08.2013, wherein penalty levied by Assessing Officer (AO) u/s 271(1)(c) of the Act was confirmed.
Brief facts of the case are that the assessee is a Private Limited Company carrying on the business of letting out of immovable properties. Assessment u/s 143(3) of the Act was completed on 16.11.2005 determining the total income of Rs. 12,67,810/-. In the return of income, the assessee claimed rental income as Income from Business and Profession. The AO while framing the assessment treated the rental income as “Income from House Property” instead of “Income from Business and Profession” and initiated penalty. The assessee filed appeal against the quantum assessment before the ld. CIT(A), wherein action of the AO was confirmed. The assessee further filed appeal before the ITAT and the matter was restored to the file of AO. The AO again treated the rental income as Income from House Property in the order passed u/s 143(3) r.w.s. 254 of the Act. Thereafter, the AO initiated penalty proceedings and issued show-cause notice u/s 271(1)(c) r.w.s. 271(4) of the Act. The assessee filed its reply contended therein that they have let out the property along with Fixed Fixtures, Air conditioners, Furniture & Plant & Machinery for a lump-sum compensation. And it was further contended that said compensation cannot be treated as “Income from House Property”. The reply of assessee was not accepted by AO holding that assessee failed to furnish the copy of lease agreement in respect of leased out property. Considering the income received by way of rent from letting out of property amounting to Rs. 18,00,000/- under the head “Income from House Property” and allowing the statutory deduction u/s 24, the AO levied the minimum penalty of Rs. 4,78,703/- being 100% of the tax sought to be evaded. The assessee further filed appeal before the CIT(A) but the same was dismissed vide order impugned in the present appeal. Hence, the present appeal is filed before us.
We have heard the Ld. Authorized Representative (AR) of the assessee and Ld. Departmental Representative (DR) for the Revenue and perused the material available on record. Ld. AR of the assessee argued that similar disallowance was made in the AY 2008-09 and AO levied the penalty. The assessee filed appeal before the CIT(A) wherein the penalty was deleted vide order dated 13.07.2015 and the Revenue has not filed any further appeal. The ld. AR of the assessee further argued that mere disallowance of income under one head and treating the same in other head of income will not tantamount to concealment of income. It was further argued that mere disallowance would not lead to draw a conclusion for concealment of income or for furnishing inaccurate particular. On the other hand, ld. DR for
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