Commissioner Of Income Tax ... vs Maa Khodiyar Construction on 27 February, 2015
We further
find that the Hon'ble Gujarat High Court in the case of CIT vs. Maa
Khodiyar Construction (supra) has concluded that the penalty will not
ordinarily be imposed unless the party obliged, either acted deliberately in
defiance of law or was guilty of conduct contumacious or dishonest, or act
in conscious disregard to its obligation. Before us, the Revenue has not
pointed out any fallacy in the finding of the ld. CIT(A) nor has placed on
record any contrary binding decision in its support. In view of the
aforesaid facts, we find no reason to interfere with the order of the CIT(A)
and therefore the ground of the Revenue is dismissed.