Gujarat High Court
Commissioner Of Income Tax vs Ronak Ceramics Industries on 27 February, 2013
Author: Akil Kureshi
Bench: Akil Kureshi
COMMISSIONER OF INCOME TAX....Appellant(s)V/SRONAK CERAMICS INDUSTRIES LTD....Opponent(s) O/TAXAP/794/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 794 of 2012 ================================================================ COMMISSIONER OF INCOME TAX....Appellant(s) Versus RONAK CERAMICS INDUSTRIES LTD....Opponent(s) ================================================================ Appearance: MR SUDHIR M MEHTA, ADVOCATE for the Appellant(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MS JUSTICE SONIA GOKANI Date : 27/02/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Counsel for the revenue submitted that the Tribunal has deleted penalty imposed by the Assessing Officer and confirmed by the CIT(A) on the ground that, on quantum addition, assessee's appeal has been admitted by the High Court which would show that the issue was debatable.
Counsel refers to the decision of this Court to contend that the above view of the Tribunal is incorrect.
Tax Appeal is admitted for consideration of following substantial question of law:
Whether on facts and in the circumstances of the case, Income-tax Officer was justified in deleting the penalty under Section 158BFA[2] of the Income-tax Act, 1961 when quantum additions were confirmed by the Tribunal ?
To be heard with Tax Appeal No. 1211 of 2006.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) Chandrashekhar* Page 2 of 2