Rajasthan High Court - Jaipur
Pr. Commissioner Of Income Tax vs M/S Rambhajos on 2 August, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Income Tax Appeal No. 72/2019
Pr. Commissioner Of Income Tax
----Appellant
Versus
M/s Rambhajos
----Respondent
For Appellant(s) : Shri Siddhartha Bapna For Respondent(s) :
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 02/08/2019 Heard learned counsel for the appellant. The appeal is admitted on the following questions of law:
"1. Whether on the facts and circumstances of the case and in law, the ITAT is justified in cancelling the penalty levied by the Assessment Officer under Section 271AAB of the Income Tax Act without appreciating the fact that the assessee admitted undisclosed income in his statement recorded under Section 132(4) of the Act.
2. Whether on the facts and circumstances of the case and in law, the ITAT is justified in partly allowing the appeal filed by the assessee and quashing the penalty levied by the Assessment Officer under Section 271AAB of the Income Tax Act by drawing a distinction between undisclosed income for the purpose of quantum proceedings and penalty proceedings.
3. Whether on the facts and circumstances of the case and in law, the ITAT is justified in holding that the provisions of Section 271AAB of the Income Tax Act are (Downloaded on 29/08/2019 at 10:00:55 PM) (2 of 2) [ITA-72/2019] not mandatory when the same is evidently mandatory as per the provisions of the Act."
Issue notice, returnable by 4.9.2019.
List along with D.B. Income Tax Appeal No.352/2018.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J RAVI SHARMA /94 (Downloaded on 29/08/2019 at 10:00:55 PM) Powered by TCPDF (www.tcpdf.org)