Case Law Details
Popular Catering Services Vs DCIT (ITAT Mumbai)
The issue under consideration is whether late fee u/s 234E can be levied prior to 1.6.2015 i.e. prior to enactment of section 234E?
ITAT states that upon careful consideration they find that learned CIT appeals has totally erred in distinguishing the decision of honourable Supreme Court in the case of vegetable products. The ratio arising from the said decision is that if two constructions are possible the one in favour of assessee should be applied. In the present case ITAT note that the decision of honourable Karnataka High Court is in favour of the assessee. Accordingly they follow the said decision on the touchstone of ratio arising from honourable Supreme Court decision in the case of Vegetable Products Ltd. (supra). No decision contrary to this from the honourable jurisdictional High Court has been brought to our notice. Furthermore as referred by the assessee in grounds of appeal the issue is also covered in favour of the assessee by the decision of ITAT Mumbai.
Accordingly ITAT set aside the orders of authorities below and decide the issue in favour of assessee.
FULL TEXT OF THE ITAT JUDGEMENT
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