Commissioner of Income-tax-III v. Sms Iron Technology India Pvt. Ltd. (Earlier Known as Sms Demag Pvt. Ltd.)
[Citation -2014-LL-1113-37]

Metadata

Citation 2014-LL-1113-37
Appellant Name Commissioner of Income-tax-III
Respondent Name Sms Iron Technology India Pvt. Ltd. (Earlier Known as Sms Demag Pvt. Ltd.)
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 13/11/2014
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags quantum appeal • penalty
Bot Summary: Learned counsel for the respondent has placed before us a copy of the order passed by the Income Tax Appellate Tribunal in the quantum appeal relating to Assessment Year 2006-07 and it is submitted that quantum additions have been deleted and an order of remand has been passed. The Revenue had challenged the said order by way of appeals being ITA Nos. 56/2014 and 85/2014, but the appeals were dismissed vide order dated 7th May, 2014 noticing that Tribunal has passed an order of remit. The present appeal by the Revenue is against the order deleting penalty under Section 271(1)(c) of the Income Tax Act, 1961(Act, for short) passed by the Tribunal dated 28th November, 2013. As in the quantum appeal the additions have been deleted and an order of remit has been passed, the present appeal is rendered infructuous. We are not required to examine the merits. We observe that in case additions are made, it will be open to the Assessing Officer to invoke Section 271(1)(c) of the Act in accordance with law.

Judgment



IN HIGH COURT OF DELHI AT NEW DELHI ITA 434/2014 COMMISSIONER OF INCOME TAX-III.Appellant Through Mr. Sanjay Kumar, Jr. Standing Counsel. versus SMS IRON TECHNOLOGY INDIA PVT. LTD. (EARLIER KNOWN AS SMS DEMAG PVT.LTD.).Respondent Through Mr. Rajan Bhatia, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO ORDER 13.11.2014 Appearance is made on behalf of respondent. Learned counsel for respondent has placed before us copy of order passed by Income Tax Appellate Tribunal (Tribunal, for short) in quantum appeal relating to Assessment Year 2006-07 and it is submitted that quantum additions have been deleted and order of remand has been passed. Revenue had challenged said order by way of appeals being ITA Nos. 56/2014 and 85/2014, but appeals were dismissed vide order dated 7th May, 2014 noticing that Tribunal has passed order of remit. present appeal by Revenue is against order deleting penalty under Section 271(1)(c) of Income Tax Act, 1961(Act, for short) passed by Tribunal dated 28th November, 2013. As in quantum appeal additions have been deleted and order of remit has been passed, present appeal is rendered infructuous. Therefore, we are not required to examine merits. We observe that in case additions are made, it will be open to Assessing Officer to invoke Section 271(1)(c) of Act in accordance with law. Of course, respondent-assessee shall be entitled to contest any such notice or proceedings and state that there is no concealment or ground for invoking or imposing penalty. appeal is disposed of as infructuous. SANJIV KHANNA, J. V. KAMESWAR RAO, J. Commissioner of Income-tax-III v. Sms Iron Technology India Pvt. Ltd. (Earlier Known as Sms Demag Pvt. Ltd.)
Report Error