Gujarat High Court
Commissioner Of Income Tax Rajkot Ii vs Balaji Wafers Pvt Ltd....Opponent(S) on 1 September, 2015
Author: Harsha Devani
Bench: Harsha Devani, A.G.Uraizee
O/TAXAP/369/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 369 of 2015
================================================================
COMMISSIONER OF INCOME TAX RAJKOT II....Appellant(s)
Versus
BALAJI WAFERS PVT LTD....Opponent(s)
================================================================
Appearance:
MR PRANAV G DESAI, ADVOCATE for the Appellant
================================================================
CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 01/09/2015
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. Mr. Pranav Desai, learned counsel for the appellant has placed on record copies of the communications dated 30th November, 2005 as well as 30th January, 2006 of the assessee addressed to the Additional Director of Income Tax in respect of search and seizure actions under section 132 of the Income Tax Act, 1961. Reliance is placed upon the decision of the Supreme Court in the case of Mak Data P. Ltd. v. Commissioner of Income Tax, [2013] 358 ITR 593 (SC).
2. ADMIT. The following substantial questions of law arise for determination:
"[1] Whether on the facts and in the circumstances Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Sep 02 01:36:44 IST 2015 O/TAXAP/369/2015 ORDER of the case, the Income Tax Appellate Tribunal is justified in law and on facts in upholding the decision of the Commissioner of Income Tax (Appeals) in deleting the penalty of Rs.12,76,429/- levied under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2000 - 2001?
[2] Whether on the facts and in the circumstances of the case and in law, the Income Tax Appellate Tribunal is justified in holding that penalty under section 271(1)(c) of the Income Tax Act, 1961 cannot be levied in respect of the additions made on estimate basis by applying gross profit rate?"
(HARSHA DEVANI, J.) (A.G.URAIZEE,J) parmar* Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Sep 02 01:36:44 IST 2015