Union Of India & Ors vs M/S. Dharamendra Textile Processors ... on 29 September, 2008
II. Whether, on the facts and in the circumstances
of the case, the Ld. ITAT was right in law in
confirming the order of the Ld. CIT (A) in
deleting the penalty of Rs.9,45,701/- levied by
the Assessing Officer u/s 271 (1)(c) of the
Income Tax Act, 1961 even though the penalty
is leviable on contravention of the provisions of
a civil statute like Income Tax Act and it is
settled law that breach of a civil obligation
attracts levy of penalty whether the
contravention was made by the defaulter with
ITA No. 341 of 2010 -3-
any guilty intention or not and in contradiction
to the judgment of the Hon'ble Supreme Court
in the case of Union of India and others vs.
Dharmendra Textiles Processors and others
(2008) 306 ITR 277 (SC)?