Calcutta High Court
Commissioner Of Income Tax vs M/S. Narayan Sons (P) Ltd on 29 March, 2010
Author: Sengupta
Bench: Sengupta
GA No. 823 of 2010
ITAT No. 13 of 2010
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction
[ Income Tax ]
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX, CENTRAL -III, KOLKATA
Versus
M/S. NARAYAN SONS (P) LTD.
BEFORE:
The Hon'ble JUSTICE SENGUPTA
AND
The Hon'ble JUSTICE KALIDAS MUKHERJEE
Date : 29th March, 2010.
Having heard Mr.S. Sinha, learned advocate and having gone
through the impugned judgment and/order of the learned Tribunal, we
are of the view that the following substantial questions of law are
involved in this matter. Accordingly, we admit the appeal for hearing on
the following points of law:
2
"(i) Whether on the facts and in the circumstances of
the case, the Learned Tribunal was justified in coming to
the conclusion that the penalty was time barred ?
(ii) Whether on the facts and in the circumstances of
the case, the Learned Tribunal was justified in law in
deleting the penalty of Rs.12,00,000/- without going into
the facts and merits of the case and ignoring the decision of
M/s. Bhalotia Engineering Works (P)Ltd. Vs. C.I.T. ( 275 ITR
399)?"
Let requisite number of paper books be filed within eight
weeks from date.
Let notices of appeal be served by the department on the
respondents.
Liberty to mention for early hearing. The application is disposed of. All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SENGUPTA, J.) (KALIDAS MUKHERJEE, J.) sm AR[CR] 3