The High Court dismissed Tax Case Appeal No.1012 of 2015 as withdrawn, leaving the substantial questions of law regarding penalty cancellation under Section 271(c) open, noting the tax implication was below the circular's ceiling limit.
Tax Case Appeal dismissed as withdrawn; substantial questions of law left open.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8/6/2016
The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice D.Krishnakumar
Tax Case Appeal No.1012 of 2015
The Commissioner of Income Tax Central I
No.109 Nungambakkam High Road Chennai 600 034. ...Appellant/Respondent
Vs R.Srinivasan ...Respondent/Appellant
Prayer: Appeal filed against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai dated 15/5/2015 in ITA No.2109/Mds/2014 against the order of the Commissioner of Income Tax (Appeals)-II, Coimbatore, in ITA NO.80/2011-2012 dated 30.06.2014 against the order of the Deputy Commissioner of Income Tax, Central Circle-I, Coimbatore, dated 07.12.2010 i PAN/GIR No.AAIPS8386H.
For respondent : Mr.N.V.Balaji
This Appeal has been filed against the order of the Income Tax Appellate Tribunal, 'A' Bench, Madras, dated 15/5/2015.
“1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in cancelling the penalty levied under Section 271 [1][c] on the deemed income chargeable under Section 2 [22] [e] of the Income Tax Act, which was
admitted in the revised return of income filed by the assessee but the appropriate taxes was not paid by the assessee?
Sd/Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mvs. To 1. The Income Tax Appellate Tribunal, Madras 'A'Bench, Chennai.
Tax Case Appeal No.1012 of 2015
GJ(CO) EU 23.06.16
2 issues framed by the court
Whether the Appellate Tribunal was right in cancelling penalty under Section 271(c) on deemed income admitted in revised return but on which taxes were not paid.
Whether the Appellate Tribunal was correct in cancelling penalty under Section 271(c) when explanations offered by the assessee were not bona fide and there was deliberate failure to offer deemed inco
2 provisions across 1 enactments
Commissioner of Income Tax Central I
R.Srinivasan
S.Manikumar
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
