Asst.Year - 2010-11
-4-
MAK Data (P.) Ltd. vs. CIT reported at [2013] 38 taxmann.com 448
(SC).
4. We have heard the rival ... Apex Court rendered in the case of MAK Data (P.)Ltd. vs.
CIT [supra]. We find that the ld.CIT(A) has wrongly applied
lower authorities and also
placed reliance in the case of Mak Data (P) Ltd. vs. CIT ,358 ITR 593 (SC).
2.8 The ld. Counsel ... assessee in reply of Mak Data (P) Ltd. case
(supra) contended that in Mak Data case there was un-quantified surrender
whereas in this case
held that "the principles laid down
in the case of MAK DATA Pvt. Ltd., Vs. CIT 358 ITR 593 are not
applicable ... recording a finding that the decision of the Supreme
Court, in MAK DATA P. Ltd. , (supra) is applicable to the facts of
assessee
upon a
judgment of the Apex Court in the case of Mak Data Private Limited Vs. C.I.T. reported ... views expressed by the Apex Court in the case of Mak Data Private Limited
(supra) wherein it was held that " explanation to Section
Supreme Court in the case of MAK Data (P)
Ltd. Vs. CIT 358 ITR 593 (SC) wherein it was held that satisfaction is not
required ... Supreme Court in the case of MAK Data (supra) and
held that in the absence of initiation of penalty proceedings in the order of
assessment
Supreme Court in the case of MAK Data (P) Ltd. Vs. CIT 358
ITR 593 (SC) wherein it was held that satisfaction is not required ... Supreme Court in the case of MAK Data (supra) and held that in the
absence of initiation of penalty proceedings in the order of assessment
decision of Hon'ble
Supreme Court in the case of Mak Data P. Ltd. Vs. CIT (2013) 358 ITR 593 (SC),
wherein ... decision of Hon'ble Supreme Court in the case of Mak Data P.
Ltd. , supra, we are of the considered view that there
2015
(Assessment Year : 2009-10)
Court in the case of Mak Data P. Ltd. vs. CIT , 358 ITR 593(SC) to submit
that even ... judgment of
Hon'ble supreme Court in the case of Mak Data P. Ltd. (supra) to justify
the levy of penalty in the present
judgement of Hon'ble Supreme Court in the case of Mak Data (P) Ltd.
vs. CIT ,358 ITR 593 (SC).
2.10 The ld. Counsel ... assessee in reply contends that Mak Data (P)
Ltd. vs. CIT (supra) case is not applicable in assessee's case as the assessee
during
decision of Hon'ble Supreme Court
in the case of Mak Data P. Ltd. reported in 358 ITR 593 and
submitted that
