The Commissioner of Income tax-9, Mumbai v. Paramount Apparels Pvt. Ltd - 2014-LL-1008-36

Citation	2014-LL-1008-36
Appellant Name	The Commissioner of Income tax-9, Mumbai
Respondent Name	Paramount Apparels Pvt. Ltd.
Court	HIGH COURT OF BOMBAY
Relevant Act	Income-tax
Date of Order	08/10/2014
Assessment Year	2004-05
Judgment	View Judgment
Keyword Tags	deletion of penalty • substantial question of law • concealment of income • furnishing inaccurate particulars of income
Bot Summary:	Mr. P.C. Tripathi i/by Mr. A.K. Jasani for the respondent. By the impugned order dated 31st January, 2012, the Tribunal upheld the deletion of penalty. In deleting the penalty levied by the Assessing Officer, the Commissioner of Income tax, Mumbai and the Tribunal held that merely because the assessee s claim is rejected by the Assessing Officer does not mean that a penalty has to be levied. The Tribunal s order does not raise any substantial question of law. The Tribunal has found that the assessee has not concealed the income or filed inaccurate particulars pertaining thereto.

IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.778 OF 2012 Commissioner of Income tax -9, Mumbai Appellant V/S M.s. Paramount Apparels Pvt. Ltd. Respondent Mr. Tejveer Singh for revenue. Mr. P.C. Tripathi i/by Mr. A.K. Jasani for respondent. CORAM S.C. DHARMADHIKARI, J. AND A.K. MENON, J. DATED : 8th October, 2014 P.C. This appeal challenges order passed by Tribunal in Income tax Appeal No.2539/Mum/2011 for assessment year 2004-05. By impugned order dated 31st January, 2012, Tribunal upheld deletion of penalty. In deleting penalty levied by Assessing Officer, Commissioner of Income tax (Appeals), Mumbai and Tribunal held that merely because assessee s claim is rejected by Assessing Officer does not mean that penalty has to be levied. 2. In such circumstances, Tribunal s order does not raise any substantial question of law. Tribunal has found that assessee has not concealed income or filed inaccurate particulars pertaining thereto. 3. For all these reasons, appeal fails. It is accordingly dismissed. (A.K. Menon, J.) (S.C. Dharmadhikari, J. Uploaded on - 14/10/2014 Downloaded on - 09/04/2020 09:30:19 Commissioner of Income tax-9, Mumbai v. Paramount Apparels Pvt. Ltd

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