2009 (8) TMI 46 - HC - Income Tax

Penalty u/s 271(1)(c) ITAT deleted the penalty Held that - A concurrent finding has been recorded on facts that there was valid explanation that the assessee had raised debatable issue for claiming the expenditure and disallowance is no ground for levying penalty. Mere erroneous claim in absence of any concealment or giving of inaccurate particulars is no ground for levying penalty - Assuming the assessee was not justified in delaying the deposit and was liable to pay tax on the said amount this could not be conclusive to infer deliberateness of default on the part of the assessee. Issue of levy of penalty has to be decided on facts of each case.

Summary

Issues:
1. Whether the penalty levied under section 271(1)(c) of the Income Tax Act, 1961 was rightly deleted by the CIT(A) and upheld by the ITAT.
2. Whether the disallowance of expenses without concealment or inaccurate particulars justifies the levy of penalty.
3. Whether delay in payment of employees' contribution warrants penalty under the Income Tax Act.

Analysis:

Issue 1:
The appeal was filed against the order of the ITAT deleting the penalty of Rs. 8,00,000 levied by the Assessing Officer under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2001-02. The Tribunal upheld the CIT(A)'s decision stating that the penalty was levied on disallowance of expenses and delay in PF and ESI payments. The Tribunal found that the disallowance was made on an estimate basis without specific defects in the assessee's explanation, and the PF and ESI payments were made before the due date of filing the return. The Tribunal concluded that no penalty was justifiable in these circumstances.

Issue 2:
The Tribunal emphasized that a mere disallowance of expenses without concealment or inaccurate particulars does not warrant the levy of penalty. It was noted that the assessee had provided a valid explanation for the claimed expenditure, and the disallowance was not a sufficient ground for penalty imposition. The Tribunal further clarified that erroneous claims, in the absence of concealment or inaccurate particulars, do not attract penalty under section 271(1)(c) of the Income Tax Act.

Issue 3:
The counsel for the revenue argued that the delay in payment of employees' contribution, even if not justified, should not automatically imply deliberate default by the assessee. The court acknowledged that the issue of penalty imposition should be decided based on the specific facts of each case. In this instance, the delay in payment did not conclusively indicate deliberate default, and therefore, the penalty was not justified.

In conclusion, the High Court dismissed the appeal as no substantial question of law arose from the case. The judgment reinforced the principle that penalty under section 271(1)(c) of the Income Tax Act is not warranted solely based on disallowance of expenses or delay in payments, especially when there is no concealment or inaccurate particulars involved. The decision highlighted the importance of considering the specific circumstances of each case before imposing penalties for tax-related matters.