Income Tax

Penalty u/s 271(1)(c) deleted for depreciation claim on assets invoiced in other firm’s name

Penalty u/s 271(1)(c) deleted for claiming depreciation on assets for which invoices were raised by the vendor in the name of the other firm  – ITAT

ABCAUS Case Law Citation:
ABCAUS 2796 (2019) (02) ITAT

The appeal in the instant case was filed by assessee against the appellate order passed by Commissioner of Income Tax (Appeals) confirming the penalty passed by Assessing Officer (AO) u/s 271(1)(c) of the Income-tax Act, 1961 (the Act).

The assessee was partnership firm engaged in the business of Beauty Parlour. The assessee had purchased certain office assets for which invoices were raised by the vendor in the name of the proprietary firm of the partner.

The said fixed assets were transferred to the books of the assessee firm by way of journal entry and the assessee claimed depreciation on the same. The depreciation on the said fixed assets was disallowed by the AO and the matter went up to the tribunal and tribunal was pleased to dismiss the appeal of the assessee against quantum additions and confirmed the additions made by the AO as confirmed by the CIT(A).

Later, the AO invoked penalty provision u/s 271(1)(c) of the Act and penalty was levied by the AO @ 100% of the tax sought to be evaded by the assessee within the meaning of Section 271(1)(c) of the Act passed by the AO u/s 271(1)(c) of the Act.

The matter travelled to CIT(A) who dismiss the appeal of the assessee .

Before the Tribunal, it was claimed that the proprietary concern in whose name the invoice was made by the vendor, was very famous concern in market and people know the concern. The vendors inadvertently made invoices in the name of that concern as it was well known concern in market.

It was submitted that the said concern accounted for these purchases in its books of accounts and those assets were transferred to the books of accounts of the assessee’s firm through journal entries. . It is also averred that no depreciation was claimed by the proprietary concern on these assets.

The Tribunal noted that the claim of the assessee for depreciation on these assets did not found favour by the all the authorities concurrently while adjudicating quantum additions till the stage of tribunal and the appeal of the assessee was dismissed by tribunal on this ground.

However on the issue of leviability of penalty u/s 271(1)(c), the opined that the assessee had indeed brought this asset in its books of accounts by transferring these assets to its books of accounts through journal entries.

The Tribunal observed that as claimed that the asset was used for business purposes and it could not be refuted by the Department that the said assets were not used for business purposes of the assessee.

The Tribunal opined that since the invoices were only drawn by vendor in the name of other concern and the said concern did not avail depreciation on these assets as is claimed by the assessee, no penalty u/s 271(1)(c) was exigible on the assessee.

Accordingly, the Tribunal deleted the penalty as was levied by the AO u/s 271(1)(c) which stood later confirmed by learned CIT(A) on this count.

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICSI

Empanelment of General Observers for ICSI Examinations December 2026. Last date 16.11.2026

Empanelment of General Observers for ICSI Examinations December 2026 ICSI has invited interested members to enroll as General Observers for…

13 hours ago
  • Income Tax

ITAT address some important issues relating to deduction u/s 80IA

ITAT answers some important and inter-related issues relating to deduction u/s 80IA In a recent judgment, ITAT has dealt with…

15 hours ago
  • Income Tax

Mere carry forward of loss can not be denied for belated return – ITAT

Carry forward of loss can not be denied for belated return, it is only the set off in subsequent year…

1 week ago
  • Income Tax

Sales duly recorded in books & VAT returns, can’t be held bogus without cogent adverse material

Where sales are duly recorded in books and VAT returns, to treat it bogus sales, AO must bringing cogent adverse…

2 weeks ago
  • Income Tax

ITAT allows Diwali expenses incurred by assessee as business expenses

Expenses to celebrate Diwali with staff creates a goodwill and, therefore amounts to expenses incurred for the purpose of business…

2 weeks ago
  • Income Tax

Section 292BB does not bar assessee to raise objection for non issuance of notice u/s 143(2) – SC

Section 292BB of the Income Tax Act, 1961 does not preclude Assessee raising objection for non issuance of notice u/s…

2 weeks ago