Income Tax

Penalty 271(1)(c)-Explanation need not proved completely. As long as the explanation is reasonable and bonafide penalty need not be imposed-ITAT

Penalty 271(1)(c)-Explanation need not proved completely. As long as the explanation is reasonable and bonafide penalty need not be imposed-ITAT

 

ABCAUS Case Law Citation:
ABCAUS 1116 (2017) (02) ITAT

Assessment Year : 2008-09

Date of Pronouncement: 30-01-2017

Brief Facts of the Case:
During the assessment, an addition was made in respect of peak balance in the bank account of the assessee. The assessee explained that he had earned only commission income @ 1% in respect of transactions through this bank account. However the explanation was rejected for want of evidence and the entire peak credit was added to the income of the assessee.

The Assessing Officer also imposed a penalty u/s 271(1)(c) holding that the assessee had furnished inaccurate particulars of income and has concealed income. Aggrieved, assessee carried the matter in appeal before the CIT(A) but without any success.

The assessee was in appeal before the Tribunal challenging the order of the CIT(A) and the AO.

Observations made by the ITAT:
The Tribunal observed that though the assessee had accepted the addition and did not carry the matter in further appeal, the assessee had offered a reasonable explanation which was rejected only for want of conclusive evidence.

The Tribunal stated that so far as penalty proceedings are concerned, the settled legal position is that it is not even necessary that the explanation is proved fully. As long as the explanation is reasonable and bonafide, the penalty under section 271(1)(c) need not be imposed.

Held:
Held that it was not a fit case for penalty and accordingly the penalty was deleted.

Download Full Judgment

----------- Similar Posts: -----------
Share

Recent Posts

  • Companies Act

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants In 2015, the Ministry of Corporate Affairs…

12 hours ago
  • VAT

Trade Tax refund withheld beyond stipulated period & adjusted from demand unjustified – SC

Trade Tax Department was unjustified in retaining refund beyond stipulated period and adjusting it against default notices issued subsequently. In…

13 hours ago
  • Income Tax

Notice issued u/s 143(2) prior to filing of return of income assessee is invalid

Notice issued u/s 143(2) prior to filing of return of income by the assessee was invalid. Before filing ITR provisions…

2 days ago
  • Income Tax

Order u/s 148A(d) passed against non-existent entity is bad in eyes of law – High Court

Order u/s 148A(d) passed against non-existent entity is bad in eyes of law. Mere activation of PAN not give right…

2 days ago
  • Income Tax

Tax authorities not bound with provisions of section 44AE once assessee waived option

Tax authorities not bound with provisions of section 44AE of the Act once assessee waived the option available In a…

3 days ago
  • Income Tax

Whether seized document is incriminating or not is a findings of fact – High Court

Whether seized document is incriminating or not is definitely a findings of fact – High Court In a recent judgment,…

3 days ago