Court dismissed the reference application relating to levy of penalty under Section 273 of the Income-tax Act, 1961. The tax effect was deemed insufficient per the cited precedent, leading to discharge of the rule.
Rule discharged, no costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
INCOME-TAX APPLICATION NO. 127 OF 1996
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders
CORAM : J.P. DEVADHAR AND B.P. DHARMADHIKARI, JJ. APRIL 24, 2007.
Heard Shri Jaiswal, learned counsel for the applicant and Shri Thakkar, learned counsel for the respondent.
The dispute herein relates to levy of penalty under Section 273 of the Income-tax Act, 1961. It is contended by the revenue that cumulative tax effect in ITA No. 127 of 1996 and ITA No. 10 of 1997 together is more than Rs. Two lakhs.
Since the issue involved in both these reference applications is different, ITA No.10 of 1997 cannot be clubbed with ITA No.127 of 1996.
In this view of the matter, the tax effect involved in ITA No.127 of 1996 being only Rs.12,500/and in view of the judgment of this Court in the case of C.I.T. vs. Pithwa Engineering Works, reported at (2005) 276 ITR 519, the present application is dismissed. Rule discharged. No costs.
JUDGE JUDGE
*GS.
1 issue framed by the court
Whether reference application for penalty levy is maintainable given the limited cumulative tax effect.
Colour shows how this judgement treated each authority
C.I.T. vs. Pithwa Engineering WorksReferred¶9
(2005) 276 ITR 519
1 provisions across 1 enactments
The Appellant
The Revenue
J.P. Devadhar
B.P. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
