The High Court dismissed the Revenue's tax case appeal against the ITAT's order due to low tax effect under Circular No.17/2019. The substantial question of law regarding the cancellation of a penalty under Section 271(1)(c) remains open.
The tax case appeal was dismissed on account of low tax effect; substantial question 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 : 17.06.2020
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice PUSHPA SATHYANARAYANA
Tax Case Appeal No.1020 of 2015
Commissioner of Income tax, No.63, Race Course Road, Coimbatore. ...Appellant/Respondent
Vs
Shri. K.V.Jayaraman, No.17, Sundaram Layout, Ramanathapuram, Coimbatore-641 045.
PAN: ADJ PV 7536 L ...Respondent/Appellant
APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 01.05.2015, made in I.T.A.No.2203/Mds/2014 on the file of the Income Tax Appellate Tribunal 'B' Bench, Chennai for the assessment year 2009-10. Against the Order of the Commissioner of Income Tax(Appeals) -1 Coimbatore, dated 20.11.2013 in Appeal No.47/12-13 against the order of Assistant Commissioner of Income Tax Circle II Coimbatore dated 30.12.2011 in PAN/GIR.No.ADJPV7536L Assistant year 2009-2010.
For Appellant:Mr.T.R.Senthil Kumar, Senior Standing Counsel assisted by Ms.K.G.Usha Rani, Junior Standing Counsel
Respondent :Mr.L.Chandrakumar
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Judgment was delivered by T.S.Sivagnanam,J.
We have heard Mr.T.R.Senthil Kumar learned Senior Standing Counsel, assisted by Ms.K.G.Usha Rani, learned Junior Standing Counsel appearing for the appellant–Revenue and Mr.L.Chandrakumar, learned counsel for the respondent-assessee.
“Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in cancelling penalty levied under Section 271 (1)(c) of the Income Tax Act by holding that there is no difference between the returned income and assessee income?”
-s/dAssistant Registrar
True Copy Sub-Assistant Registrar
abr
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To
TCA.No.1020 of 2015
pvs(co)
aa18/08/2020
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1 issue framed by the court
Whether the Appellate Tribunal was right in law in cancelling penalty levied under Section 271(1)(c) by holding that there is no difference between the returned income and assessee income
3 provisions across 3 enactments
Commissioner of Income tax, No.63, Race Course Road, Coimbatore
Shri. K.V.Jayaraman
T.S.SIVAGNANAM
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
