M. A. Quddus v. Income-tax Officer, Hyd
[Citation -2015-LL-0204-58]

Citation 2015-LL-0204-58
Appellant Name M. A. Quddus
Respondent Name Income-tax Officer, Hyd.
Court HIGH COURT OF HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Relevant Act Income-tax
Date of Order 04/02/2015
Assessment Year 1986-87
Judgment View Judgment
Keyword Tags concealment of income • levy of penalty
Bot Summary: The appellate Tribunal partly allowed the appeal filed by the Revenue against the order of the Deputy Commissioner of Income-Tax dated 07.09.1994 cancelling the penalties levied under Section 271(1)(c) of the Act for the assessment years 1986-87 and 1987-88 and directed the Assessing Officer to levy the minimum penalty leviable against the assessee for both the assessment years. This Court, while deciding the companion appeal filed by the very same assessee, allowed the appeal holding that there was no basis to levy penalty under Section 271(1)(c) of the Act. 92 of 2003, the Division Bench considered the facts of the case and allowed the appeal. Learned counsel for the appellant submits that the present appeal may also be decided in terms of the said judgment and answer the question as aforementioned in favour of the assessee and against the Revenue. Learned counsel appearing for the Revenue could not and did not dispute the contentions urged by the learned counsel for the appellant. Having regard to the judgment dated 03.09.2014, we answer the question raised in the instant appeal in favour of the assessee and against the Revenue. Miscellaneous petitions pending in the appeal, if any, also stand disposed of.


THE HON'BLE SRI JUSTICE DILIP B.BHOSALE AND HON BLE SRI JUSTICE A.RAMALINGESWARA RAO I.T.T.A. No.91 of 2003 JUDGMENT: (per Hon'ble Sri Justice Dilip B.Bhosale) This income-tax appeal under Section 260A of Income Tax Act, 1961 (for short Act) is directed against order of Income Tax Appellate Tribunal, Hyderabad in I.T.A.No.1862/Hyd/1994 for assessment year 1986-87. appellate Tribunal partly allowed appeal filed by Revenue against order of Deputy Commissioner of Income-Tax (Appeals) dated 07.09.1994 cancelling penalties levied under Section 271(1)(c) of Act for assessment years 1986-87 and 1987-88 and directed Assessing Officer to levy minimum penalty leviable against assessee for both assessment years. Learned counsel for appellant placed before us order of this Court dated 03.09.2014 in companion I.T.T.A.No.92 of 2003 arising from I.T.A.No.1863 of 1994 for assessment year 1987-88. This Court, while deciding companion appeal filed by very same assessee, allowed appeal holding that there was no basis to levy penalty under Section 271(1)(c) of Act. question that fell for consideration was whether on facts and in circumstances of case, Tribunal was justified in law in holding that assessee was guilty of concealment of income and imposing penalty under Section 271(1)(c) of Act? . Though question was not formulated in order dated 03.09.2014 in I.T.T.A.No.92 of 2003, Division Bench considered facts of case and allowed appeal. Learned counsel for appellant, therefore, submits that present appeal may also be decided in terms of said judgment and answer question as aforementioned in favour of assessee and against Revenue. Learned counsel appearing for Revenue could not and did not dispute contentions urged by learned counsel for appellant. Having regard to judgment dated 03.09.2014, we answer question raised in instant appeal in favour of assessee and against Revenue. appeal is accordingly disposed of. However, there shall be no order as to costs. Miscellaneous petitions pending in appeal, if any, also stand disposed of. Dilip B.Bhosale, J A.Ramalingeswara Rao, J 4th February, 2015. sur M. A. Quddus v. Income-tax Officer, Hyd
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