Case Law Details
Principal CIT Vs M/s. Shree Gopal Housing (Bombay High Court)
Admission of an appeal in quantum proceedings, if arising on a pure interpretation of law or on a claim for deduction in respect of which full disclosure has been made, may, give rise to a possible iew, that admission of appeal in the quantum proceedings would suggest no penalty can be imposed as it is a debatable issue. However, it cannot be a universal rule that once an appeal from the order of the Tribunal has been admitted in the quantum proceedings, then, ipso facto the issue is a debatable issue warranting deletion of penalty by the Tribunal. There could be cases where the finding of the Tribunal in quantum proceedings deleting addition could be perverse, then, in such cases, the admission of appeal in quantum proceedings would indicate that an appeal against deletion of penalty on the above account will also warrant admission.
FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:-
1. This Appeal under section 260-A of the income Tax Act, 1961 (the Act) challenges the order dated 10 th February 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned Order in respect of Assessment year 2006-2007.
2. The Revenue has urged the following questions of law for our consideration :
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