Rajasthan High Court - Jaipur
Pr Commissioner Of Income Tax-Central vs Shri Ravi Mathur on 23 September, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Income Tax Appeal No.339/2018
Pr Commissioner Of Income Tax-Central
----Appellant
Versus
Shri Ravi Mathur
----Respondent
For Appellant(s) : Mr. Siddharth Bapna HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 23/09/2019 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 of Rs.1,00,20,000/- 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 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, which attracted the provisions of Section 271AAB (1) as the assessee furnished his return of income before the specified date, i.e., on 30.09.2015 and paid the due taxes fully (together with interest) before the specified date of filing of Income Tax Return.
3. Whether on the facts and circumstances of the case and in law, the ITAT is justified in holding that the show cause notice issued by the Assessment Officer under Section 271AAB of the Income Tax Act is not sustainable on the ground that the notice has not specified the default committed by the assessee to attract penalty @ 10% or 20% or 30% of the undisclosed income.(Downloaded on 30/09/2019 at 08:59:08 PM)
(2 of 2) [ITA-339/2018] Issue notice to the respondent. Rule is made returnable by six weeks.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),ACTING CJ //Jaiman//54 (Downloaded on 30/09/2019 at 08:59:08 PM) Powered by TCPDF (www.tcpdf.org)