Mere confirmation of disallowance by high court not sufficient to impose Penalty U/s. 271(1)(c)

HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INCOME TAX APPEAL NO.415 OF 2012

The Commissioner of Income Tax

v/s

M/s Nayan Builders and Developers

Mr Abhay Ahuja for Appellant.

Mr Sanjiv M. Shah for Respondent.

CORAM : S.C. DHARMADHIKARI AND B.P. COLABAWALLA JJ.

DATE : 8TH JULY 2014.

P.C. :¬

Having heard Mr Ahuja, learned counsel appearing on behalf of the Appellant, we find that this Appeal cannot be entertained as it does not raise any substantial question of law. The imposition of penalty was found not to be justified and the Appeal was allowed. As a proof that the penalty was debatable and arguable issue, the Tribunal referred to the order on Assessee’s Appeal in Quantum proceedings and the substantial questions of law which have been framed therein. We have also perused that order dated 27th September 2010 admitting Income Tax Appeal No.2368 of 2009. In our view, there was no case made out for imposition of penalty and the same was rightly set aside. The Appeal raises no substantial question of law, it is dismissed. No costs.

B.P. COLABAWALLA J. ) – (S.C. DHARMADHIKARI J. )