The Supreme Court dismissed an appeal against a penalty under Section 271(1)(c) of the Income Tax Act, holding that the appeal no longer survives as the related quantum proceedings were already dismissed.
Appeal dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1863-14-itxa=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 1863 OF 2014
The Commissioner of Income Tax .. Appellant v/s.
M/s. Industrial Development bank of India Ltd. .. Respondent
Mr. A.R. Malhotra a/w Mr. N.A. Kazi for the appellant Mr. Satish Mody i/b Aasifa Khan for the respondent
CORAM : M.S. SANKLECHA & A.K. MENON, J.J.
DATED : 24th MARCH, 2017.
P.C.
“Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in deleting the penalty levied u/s 271(1)(c) on the ground that the Tribunal had held that reopening of assessment was bad in law when the details leading
1 of 2
Uday S. Jagtap
1863-14-itxa=.doc
to the re-assessment showed that the assessee had claimed excess relief?
2 of 2
Uday S. Jagtap
2 issues framed by the court
Whether the present appeal from the penalty order survives given that the related quantum appeal was dismissed.
Whether the Tribunal was right in deleting penalty by holding that reopening of assessment was bad in law when assessee claimed excess relief.
2 provisions across 1 enactments
The Commissioner of Income Tax
M/s. Industrial Development bank of India Ltd.
M.S. Sanklecha
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
