Appeal against ITAT order regarding penalty under S. 271(12)(C) for A.Y. 1996-97. Court disposed of appeal by remanding to CIT(A) for fresh decision following related connected appeals.
Remanded to CIT(A) for fresh decision on merits in accordance with law.
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.
Income-tax Appeal No.816 of 2008
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Income-tax Appeal No.816 of 2008 Date of decision: 1.2.2011
Aggarwal Engineering Co.
...Appellant
Versus
The Income Tax Officer-IV(2), Jalandhar (Pb.)
...Respondent
CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY KUMAR MITTAL
Present: Mr. K.L.Goel, Senior Advocate with Mr. Sandeep Goel, Advocate for the appellant.
ADARSH KUMAR GOEL, J ( Oral)
Income-tax Appeal No.816 of 2008
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********
the ld. ITAT is justified to reverse the well-reasoned order passed by the CIT, canceling the penalty imposed u/s 271(12)(C) of Assessing Officer on the ground that income has been assessed by Assessing Officer on estimate basis and there is no mensrea on the part of assessee?
(Adarsh Kumar Goel) Judge
February 01, 2011 (Ajay Kumar Mittal) Pka Judge
3 issues framed by the court
Whether the ITAT was justified in ignoring the lack of proper satisfaction recorded by the Assessing Officer to initiate penalty proceedings?
Whether the ITAT was justified in reversing the order canceling the penalty imposed under Section 271(12)(C) based on estimation and lack of mens rea?
Whether the penalty imposed is liable to be set aside in light of the final decision in connected matters?
2 provisions across 1 enactments
Aggarwal Engineering Co.
The Income Tax Officer-IV(2), Jalandhar (Pb.)
Adarsh Kumar Goel
Ajay Kumar Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
