2009 (7) TMI 1319 - AT - Income Tax

Summary

Issues Involved:
1. Legitimacy of film right expenses.
2. Validity of donation claims.
3. Applicability of penalty u/s 271(1)(c).

Summary:

1. Legitimacy of Film Right Expenses:
The assessee, engaged in shares and stock broking, claimed Rs. 2,85,00,000 towards film right expenses for the film "Sar Aankho Par" purchased from M/s. Pinnacle Entertainment Pvt. Ltd. and sold back to the same company for Rs. 4,43,024. The Assessing Officer (AO) concluded that this transaction was designed to defraud the revenue, adding Rs. 2,80,56,976 to the assessee's income. The CIT(A) and Tribunal upheld this view, noting the assessee's failure to produce details or evidence of the transaction, deeming it an evasive stand to reduce tax liability.

2. Validity of Donation Claims:
The assessee claimed donations as business expenditure u/s 37(1). The AO and CIT(A) denied this claim due to lack of proof of payment. The Tribunal found no evidence supporting the genuineness of the donation transaction.

3. Applicability of Penalty u/s 271(1)(c):
The AO initiated penalty proceedings u/s 271(1)(c) for concealment of income and furnishing inaccurate particulars. The assessee argued that there was no conscious concealment and that the explanation provided was bona fide. However, the AO imposed a penalty of Rs. 1,21,40,540, which was confirmed by the CIT(A). The Tribunal upheld the penalty, stating that the assessee's actions were a deliberate attempt to reduce tax liability, and the explanation provided was neither believable nor bona fide. The Tribunal also confirmed that income-tax includes surcharge.

Conclusion:
The Tribunal dismissed the appeal, affirming the CIT(A)'s order that the assessee's transactions were designed to evade tax, and upheld the penalty imposed u/s 271(1)(c).