2002 (2) TMI 907 - AT - Income Tax

Summary

Issues:
- Appeals against penalties under sections 273(1)(b) and 271(1)(c) confirmed by first appellate authority.

Analysis:
1. Penalty under section 273(1)(b):
The Assessing Officer levied a penalty of Rs. 15,000 under section 273(1)(b) due to the assessee's failure to furnish a statement of advance tax payable. The assessee argued that as they filed a loss return, they could not anticipate the addition made by the Assessing Officer. The Tribunal found merit in the assessee's argument, noting that the claim of loss being disallowed did not warrant the penalty. Citing precedents, the Tribunal ruled that the penalty was not justified solely based on the addition made.

2. Penalty under section 271(1)(c):
The Assessing Officer imposed a penalty of Rs. 83,941 under section 271(1)(c) for alleged concealment of income or furnishing inaccurate particulars. The Tribunal observed that the assessee had submitted all necessary details regarding share transactions, and the disallowance of share loss did not imply inaccurate particulars submission. The Tribunal emphasized that the assessee's engagement in share dealings was genuine, supported by documents provided to the Assessing Officer. Relying on previous decisions and the principle that penalties cannot be levied for every addition, the Tribunal concluded that no penalty under section 271(1)(c) was warranted.

3. Overall Decision:
After considering arguments from both sides, the Tribunal canceled both penalties imposed under sections 273(1)(b) and 271(1)(c). The Tribunal found the assessee's contentions reasonable, especially regarding the unexpected disallowance of the claimed loss and the genuine nature of the share dealings. The Tribunal also noted a previous decision where relief was granted to the assessee for a similar situation, supporting the cancellation of penalties in the current case.

In conclusion, the Tribunal allowed the appeals, emphasizing that the penalties were not justified based on the circumstances and the assessee's compliance with providing necessary details.