SURYA MERCHANTS LTD.,NEW DELHI vs. DCIT, GHAZIABAD
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 the assessee did not conceal or furnish inaccurate particulars of income, as the disallowance was based on information provided by the assessee. Penal provisions require proof beyond doubt, which was absent here.
What were the facts?
The assessee claimed deduction under Section 80P(2) on interest income from surplus funds invested in banks. The Assessing Officer disallowed this claim and levied a penalty under Section 271(1)(c). The CIT(Appeals) upheld the penalty.
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when the disallowance of a deduction under Section 80P(2) is based on information provided by the assessee and there is no clear finding of concealment or furnishing inaccurate particulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI
Before: SHRI I.C. SUDHIR & SHRI O.P. KANT
ORDER
PER I.C. SUDHIR: JUDICIAL MEMBER The assessee has questioned first appellate order on several grounds involving the issue regarding validity of penalty levied under sec. 271(1)(c) of the Income-tax Act, 1961 on the disallowance of the claim made under sec. 80P(2) of the Act.
Heard and considered the arguments advanced by the parties in view of orders of the authorities below, material available on record and the decisions relied upon.
The facts in brie are that the Assessing Officer levied penalty under sec. 271(1)(c) of the Income-tax Act, 1961 at Rs.1,50,800 on the 2 disallowance of the claimed deduction under sec. 80P(2) of the Act on the interest received by the assessee from its investment of surplus funds in banks amounting to Rs.4,98,122.06. The Learned CIT(Appeals) has upheld this penalty. The Assessing Officer had made the above said disallowance denying the claim of the assessee that the interest income was business receipts.
In support of the grounds, the Learned AR submitted that all the necessary information relating to the claimed deduction on the interest received by the assessee from its investment of surplus funds in banks were made available to the Assessing Officer on the basis of which the Assessing Officer made disallowance. The assessee did not question the disallowance to avoid litigation. The authorities below have, however, levied and upheld the penalty in question on the basis that there was deliberate action of the assessee in claiming deduction under sec. 80P on such income which was not its business income and thus the assessee has furnished inaccurate particulars of such income. The Learned AR submitted that even on merits of the disallowance made by the Assessing Officer the assessee has got good case as the issue is fully covered by the decision of Delhi Bench of ITAT in the case of ACIT vs. Jawala Co-operating Urban Thrift & Credit Society Ltd. – (A.Y. 2008-09) – order dated 19.12.2014 3 holding that the funds placed by the assessee in the form of fixed deposits can be said to be kept for the purpose of business of the assessee and thus was eligible for the deduction under sec. 80P(2) of the Act.
The Learned Senior DR opposed the submission of the assessee with this contention that the assessee by not preferring appeal against the disallowance made by the Assessing Officer had accepted the disallowance in question and there was deliberate action on the part of the assessee for claiming deduction under sec. 80P on such income about which the assessee was aware that it was not business income and hence not eligible for the claimed deduction. Thus, there was furnishing of inaccurate particulars of income on the part of the assessee to attract penal provisions under sec. 271(1)(c) of the Act.
Considering the above submissions and undisputed fact that the Assessing Officer had made disallowance of the claimed deduction under sec. 80P(2) of the Act only on the basis of information furnished by the assessee on record, it can be arrived at a conclusion that there was no concealment of particulars of income or furnishing inaccurate particulars thereof on the part of the assessee towards making the claimed deduction. Being penal in nature the provisions laid down under sec. 271(1)(c) of the Act can be invoked only in those cases where the Assessing Officer is in a 4 position to establish beyond doubt that there was concealment of particulars of income or furnishing inaccurate particulars thereof on the part of the assessee towards the disallowance/addition made by him. In absence of such clear finding in the present case, we do not agree with the authorities below that there was furnishing of inaccurate particulars of income on the part of the assessee while claiming deduction under section 80P(2) of the Act on the interest income received on surplus funds deposited in banks. It is an established proposition of law that assessment proceedings and penal proceedings under sec. 271(1)(c) of the Act are independent proceedings and unless the requirement of levy of penalty is fulfilled, it cannot be invoked automatically where disallowance/addition is made and sustained. We thus while setting aside orders of the authorities below direct the Assessing Officer to delete the penalty levied under sec. 271(1)(c) of the Act at Rs.1,50,800. The grounds involving the issue are thus allowed in favour of the assessee.
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