2009 (11) TMI 964 - HC - Income Tax

Summary

Issues involved:
The judgment involves a challenge against the Tribunal's decision regarding concealment of income and furnishing inaccurate particulars under section 10B of the Income Tax Act, 1961 for the assessment year 2003-04.

Concealment of Income/Furnishing of Inaccurate Particulars:
The assessee filed the return of income declaring &8377; 42,01,300, but the assessment framed by the AO was at &8377; 69,10,841. The assessee claimed exemption under section 10B for export sales, stating that an amount of &8377; 1,60,81,545 was brought into India, with permission applied for the remaining amount. However, an amount of &8377; 29,48,843 was not received within the extended time limit. The AO added this amount to the taxable profit, leading to a penalty under section 271(1)(c). The CIT(A) and Tribunal both held that there was no concealment of income, as the return was based on audited accounts and the exemption was claimed in good faith based on the report of a chartered accountant. The Tribunal's decision was challenged by the Revenue, contending that the Tribunal did not consider the Revenue's case in extending benefits to the assessee.

Decision and Remand:
The High Court set aside the Tribunal's order, remitting the matter back to the Tribunal for fresh consideration. The Court noted that the Tribunal failed to consider crucial developments post the chartered accountant's report, such as the extensions granted for bringing in the amount to India and the non-receipt of &8377; 29,48,843 within the extended period. The Court held that blind reliance on the accountant's report was not justified, and the Tribunal should have considered the Revenue's perspective as well. The decision-making process was deemed flawed, and the Tribunal was directed to reevaluate the case in accordance with the law within two months from the date of the order.

Conclusion:
The High Court allowed the Income Tax appeal, emphasizing the need for a comprehensive reconsideration of the case by the Tribunal, taking into account all relevant developments and perspectives to determine the applicability of the exemption under section 10B accurately.