2000 (7) TMI 22 - HC - Income Tax

Summary

Issues involved: The judgment involves the imposition of penalty under section 271(1)(c) of the Income-tax Act, 1961 for the assessment years 1991-92 and 1992-93.

Details of the judgment:

Issue 1: Imposition of penalty under section 271(1)(c) - Tribunal's decision

The assessees, engaged in money-lending, were found to be charging interest at 30% instead of the accounted 18%. The Assessing Officer initiated penalty proceedings under section 271(1)(c) and levied the minimum penalty. The Commissioner of Income-tax (Appeals) upheld the penalty. However, the Income-tax Appellate Tribunal held that there was no concealment of income and cancelled the penalty, stating that the assessees did not conceal any particulars of income.

Issue 2: Concealment of income - Tribunal's reasoning

The Tribunal found that the assessees had disclosed the charging of 30% interest in their returns, but contended that only 18% should be considered as income due to the Kerala Money Lenders Act. The Tribunal noted that the Assessing Officer was aware of the extra interest being charged and paid before the returns were filed. The Tribunal emphasized that concealment of income must be found in the returns to attract penalty under section 271(1)(c) and explained that the burden of proof lies on the assessee to displace any presumption of concealment.

Conclusion:

The High Court upheld the Tribunal's decision, stating that the assessees' explanation regarding the treatment of interest under the Kerala Money Lenders Act was not an attempt to conceal income. The Court agreed with the Tribunal's finding that there was no concealment of income, thus cancelling the penalty imposed. The questions of law were answered in favor of the assessees.