Director of Taxation (Exemptions) v. Swatantryaveer Savarkar Seva Samiti
[Citation -2014-LL-0926-144]

Citation 2014-LL-0926-144
Appellant Name Director of Taxation (Exemptions)
Respondent Name Swatantryaveer Savarkar Seva Samiti
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 26/09/2014
Judgment View Judgment
Keyword Tags quantum proceeding • imposition of penalty • deletion of penalty • substantial question of law
Bot Summary: CORAM: S.C. DHARMADHIKARI AND A.K. MENON, JJ. DATE : 26th September, 2014 P.C.: 1 We have perused the order passed by the Income Tax Appellate Tribunal and to the extent impugned in this Appeal. By the order passed on 22.07.2011 the Tribunal considered both grounds raised by the Revenue, namely, quantum and penalty. 2 It held that the Commissioner of Income Tax did not commit any error in accepting the case of the Assessee. On both counts, quantum as well as penalty, the Tribunal as a last fact finding authority refused to assist the Revenue. 3 In all fairness our attention is invited to the order dated 06.03.2014 passed by the Division Bench of this Court in the Appeal of the Revenue in the quantum proceedings being Income Tax Appeal No.974/2012. The Tribunal was justified in dismissing the Revenue's Appeal and upholding the deletion of penalty. The Appeal does not raise any substantial question of law.


*1* itxa.1097.12.19 kps IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1097 OF 2012 Director of Taxation (Exemptions). ..Appellant Versus Swatantryaveer Savarkar Seva Samiti. ..Respondent ..... Mr.A.R.Malhotra with Ms.Padma Divakar, for Appellant. Mr.M.Subramaniam with V.S.Hadade, for Respondent. ...... CORAM: S.C. DHARMADHIKARI AND A.K. MENON, JJ. DATE : 26th September, 2014 P.C.: 1 We have perused order passed by Income Tax Appellate Tribunal and to extent impugned in this Appeal. By order passed on 22.07.2011 Tribunal considered both grounds raised by Revenue, namely, quantum and penalty. 2 It held that Commissioner of Income Tax (Appeals) did not commit any error in accepting case of Assessee. Therefore, on both counts, quantum as well as penalty, Tribunal as last fact finding authority refused to assist Revenue. 3 In all fairness our attention is invited to order dated 06.03.2014 passed by Division Bench of this Court in Appeal of Revenue in quantum proceedings being Income Tax Appeal No.974/2012. Applying reasoning therein and finding that sources have been revealed, requisite ingredients enabling imposition of ::: Uploaded on - 30/09/2014 ::: Downloaded on - 11/04/2020 11:02:28 ::: *2* itxa.1097.12.19 penalty are not satisfied in this case. Tribunal was, therefore, justified in dismissing Revenue's Appeal and upholding deletion of penalty. Appeal does not raise any substantial question of law. It is, accordingly, dismissed. No order as to costs. (A.K. MENON, J.) (S.C. DHARMADHIKARI, J.) ::: Uploaded on - 30/09/2014 ::: Downloaded on - 11/04/2020 11:02:28 ::: Director of Taxation (Exemptions) v. Swatantryaveer Savarkar Seva Samiti
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