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Case Law Details

Case Name : Janardhanam Balaji Vs The Additional Commissioner of Income Tax (Madras High Court)
Appeal Number : Tax Case Appeal Nos.413 and 414 of 2017 and C.M.P.No.10330 of 2017
Date of Judgement/Order : 02/08/2017
Related Assessment Year :
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Janardhanam Balaji Vs ACIT (Madras High Court)

Right of appeal is not automatic. When statute confers a limited right of appeal only in a case which involves substantial question of law, it is not open to sit in appeal over factual findings arrived at by AO, CIT(A) and Appellate Tribunal. Hence, appeal was not entertained.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT 

Both these appeals are against a judgment and order dated 7th April 2017 passed by the Income Tax Appellate Tribunal, rejecting the appeals being I.T.A.Nos.3011 and 3077/Mds/2016 filed by the appellant assessee against orders dated 29th September 2016 and 18th October 2016 of the learned Commissioner of Income Tax (Appeals)-7, Chennai confirming levy of penalty under Sections 271E and 271D of the Income Tax Act, 1961 (hereinafter referred to as ‘IT Act’) on the appellant assessee, in respect of the assessment year 2012-2013. 

2. The appellant Assessee was running a petrol pump and had filed return of income disclosing income of Rs.5,53,851.00. In course of assessment proceedings, the learned Assessing Office noted that the Assessee had been maintaining a book, namely, Sundry Debtors ledger, which reflected cash payments and cash receipts from various parties. When the assessment was completed, certain disallowances were made in respect of interest payment under Section 40(a)(ia) of the IT Act, business promotion expenses of Rs.80,153.00 and claim under Chapter VIA for Rs.1,04,864.00. 

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