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(b) "Mak Data (P) Ltd. vs. CIT", Civil Appeal No.9772/2013 (SC).
(c) "Gujarat State Financial Services Ltd. vs. ACIT", in ITA No.2078/Ahd/2006 & 2526/Ahd/206.
(d) "M/s K.P. Madhusudan vs. CIT", Civil Appeal No. 6465/2000 (SC).
(e) "CIT vs. Zoom Communications Pvt. Ltd.", ITA No.07/2010(Del) (H.C.).
(f) "Shyam Biri Works", 259 ITR 625 (All. H.C.).
(g) "Sangam Enterprises vs. CIT", 288 ITR 396 (All).
(h) "Harish Hosiery Mart", ITAT, Ahmedabad.

11. Regarding 'Sanjay Kumar' & 'Ajay Kumar' (supra), as per the assessee, in both the referred cases, the ITAT, Agra Bench had quashed the penalty orders in ITA Nos. 53 & 54/Agra/2015 vide consolidated order dated 19.05.2017, following the judgment of 'Manjunatha Cotton' (supra) and after distinguishing the cases relied on by the Revenue, namely, 'Mak Data (P) Ltd.' (supra), 'K.P. Madhusudhanan' (supra), 'Zoom Communication Pvt. Ltd.' (supra) & 'S.V. Angidi Chettiar' (supra). This is not disputed. Thus, no aid is available to the Department from these orders.

12. In "Mak Data (P) Ltd." (supra), the Hon'ble Supreme Court has held that the AO has to satisfy whether the penalty proceedings be initiated or not during the course of the assessment proceedings and the AO is not required to record his satisfaction in a particular manner or to reduce it into writing. In the case before us, the assessee has not raised the issue of satisfaction and, therefore, reliance on "Mak Data" (supra) by the Department is misplaced.

13. In "Gujarat State Finance Services Ltd. Vs ACIT- Circle-IV, Ahmedabad", in ITA No. 2078/Ahd/2006, the ground raised by the assessee for adjudication was as under:

41. In "SLK Properties vs. ITO", ITA No. 140/PN/2014 wherein vide Order dated 18.03.2016 after due consideration of the Judgment of MAK Data (P) Ltd. held penalty order to be unsustainable in law placing reliance to Judgment of 'Manjunath Cotton' (supra). The assessee raised Additional Ground before the ITAT. On merits submission of the assessee is noted in Para- 11 to 13 rebuttal thereon by the Revenue referring and relying upon Judgment of 'MAK Data' (supra) is noted in Para 17 & 17.1 and finding by the ITAT are noted in Para 19 to 24 of the Order. Xerox copy of the ITAT order is enclosed. (APB-113-127).