Punjab-Haryana High Court
M/S Asian Consolidated Industries Ltd vs Assistant Commissioner Of Income Tax ... on 30 July, 2015
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWPs-6383-6382-6398-6397-2015 (O&M)
Date of decision:- 30.07.2015
M/s Asian Consolidated Industries Ltd.
...Petitioner
Versus
Assistant Commissioner of Income Tax, New Delhi and another.
...Respondents
CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present: Mr. Anand Chibbar, Senior Advocate,
with Ms. Riya Bansal, Advocate,
for the petitioner.
Mr. Saurabh Dalal, Advocate,
and Mr. Rohit Madan, Advocate,
for the respondents.
****
S.J. VAZIFDAR, A.C.J. (ORAL)
The petitioner has challenged the order(s) of the Income Tax Appellate Tribunal dismissing its appeal(s) against the penalty proceedings on the ground of delay.
2. In effect, therefore, the petitioner's grievance is with respect to the penalty proceedings. The grievance stands redressed in any event in view of the fact that the quantum proceedings have been decided in favour of the petitioner/assessee. There is no question, therefore, of the penalty proceedings under Section 271 of the Income Tax Act, 1961 surviving.
3. The writ petitions are accordingly disposed of with the clarification that the petitioner's grievance stands redressed and the penalty proceedings do not survive. In view thereof, no further orders are necessary in these writ petitions.
4. The objection to these petitions on the ground of delay is, therefore, not sustainable.
(S.J. VAZIFDAR) ACTING CHIEF JUSTICE (G.S. SANDHAWALIA) JUDGE 30.07.2015 AMODH SHARMA Amodh 2015.08.03 16:23 I attest to the accuracy and authenticity of this document chandigarh