Gujarat High Court
Commissioner Of Income Tax Ii vs Citi Tiles Ltd.....Opponent(S) on 3 March, 2014
Bench: Akil Kureshi, Sonia Gokani
O/TAXAP/140/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 140 of 2014
With
TAX APPEAL No. 141 of 2014
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COMMISSIONER OF INCOME TAX II....Appellant(s)
Versus
CITI TILES LTD.....Opponent(s)
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Appearance:
Mrs MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1
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CORAM: HONOURABLE Mr. JUSTICE AKIL KURESHI
and
HONOURABLE Ms. JUSTICE SONIA GOKANI
3rd March 2014
ORAL ORDER (PER : HONOURABLE Mr. JUSTICE AKIL KURESHI)
A short question is - can penalty under Section 271 [1](c) of the Income tax Act, 1961 {"Act" for short] be levied even where, after the additions made by the Assessing Officer in connection with the particulars of income concealed by the assessee, there was no resultant increase in the tax payable since the case was involved under Section 115JB of the Act. The Tribunal has relied upon a decision of the Delhi High Court in case of Commissioner of Incometax v. Nalwa Sons Investments Limited, reported in [2010] 327 ITR 543 (Delhi).
Learned advocate Mrs. Bhatt, however, drew our attention to the Tax Appeals No. 279 of 2012 to 281 of 2012 where this Court has admitted Page 1 of 2 O/TAXAP/140/2014 ORDER Revenue's appeal involving similar question.
Let a notice for final hearing be issued to the respondent for considering of the following substantial question of law : "Whether, in fact, the Income Tax Appellate Tribunal was right in law in deleting penalty of Rs. 16,51,520/= imposed under Section 271 [1](c) of the Incometax Act, 1961 on the ground that no such penalty is leviable where computation of income is made under Section 115JB of the Act, even though concealment of particulars of income is established ?"
Let these Appeals be placed for hearing alongwith Tax Appeal No. 279 of 2012 to 281 of 2012 and further connected appeals; if any, on 31st March 2014.
{Akil Kureshi, J.} {Ms. Sonia Gokani, J.} Prakash* Page 2 of 2