The Commissioner of Income-tax-6, Mumbai v. Gala Precision Technology Pvt. Ltd
[Citation -2015-LL-0317-66]

Citation 2015-LL-0317-66
Appellant Name The Commissioner of Income-tax-6, Mumbai
Respondent Name Gala Precision Technology Pvt. Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 17/03/2015
Assessment Year 2004-05
Judgment View Judgment
Keyword Tags additional depreciation • imposition of penalty • debatable issue
Bot Summary: The Tribunal deleted the penalty imposed on the respondent-assessee. It is held that in Income Tax Appeal No. 6793/Mum/2010 for the assessment year 2004-05, which is an appeal of the assessee challenging the order dated 29 th March, 2010 of the Commissioner of Income Tax he sustained the penalty of 10,55,021/-. The Tribunal found that the issue raised in the substantive appeal of the assessee was arguable. The co-ordinate Bench at Mumbai in Income Tax Appeal No.1417/Mum/2008 for the same assessment year set ::: Uploaded on - 23/03/2015 ::: Downloaded on - 25/03/2020 12:52:28 ::: 2 itxa1118-13 aside the addition made by the assessing officer on which penalty had been levied and sustained. The assessee's representative argued that the issue raised by the assessee of additional depreciation was debatable and arguable, otherwise the Tribunal would not have accepted the version of the assessee. The revenue can always impugn and challenge the finding of the Tribunal as rendered in the substantive appeal of the assessee. The present appeal does not raise any substantial question of law.


1 itxa1118-13 sas IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1118 OF 2013 Commissioner of Income Tax-6, Mumbai ..Appellant. V/s. Gala Precision Technology Pvt. Ltd. ..Respondent. Mr.Suresh Kumar for appellant. Mr. Atul K.Jasani for respondent. CORAM : S.C.DHARMADHIKARI AND A.K. MENON, JJ. DATED : 17TH MARCH, 2015 P.C. :- 1. Tribunal deleted penalty imposed on respondent-assessee. It is held that in Income Tax Appeal No. 6793/Mum/2010 for assessment year 2004-05, which is appeal of assessee challenging order dated 29 th March, 2010 of Commissioner of Income Tax (Appeals) he sustained penalty of `10,55,021/-. Tribunal found that issue raised in substantive appeal of assessee was arguable. co-ordinate Bench at Mumbai in Income Tax Appeal No.1417/Mum/2008 for same assessment year set ::: Uploaded on - 23/03/2015 ::: Downloaded on - 25/03/2020 12:52:28 ::: 2 itxa1118-13 aside addition made by assessing officer on which penalty had been levied and sustained. Therefore, assessee's representative argued that issue raised by assessee of additional depreciation was debatable and arguable, otherwise Tribunal would not have accepted version of assessee. 2. In this background, none of ingredients of clause (c) of sub-section (1) of section 271 of I.T. Act are satisfied nor attracted. With this finding, appeal of assessee against imposition of penalty came to be allowed. This finding by itself does not raise any substantial question of law. revenue can always impugn and challenge finding of Tribunal as rendered in substantive appeal of assessee. revenue is not precluded from challenging that merely because Tribunal has deleted penalty in this case. In these circumstances, no perversity can be attributed to Tribunal nor its order is in contravention of law. present appeal does not raise any substantial question of law. It is, therefore, dismissed. No order as to costs. (A.K. MENON, J.) (S.C.DHARMADHIKARI, J.) ::: Uploaded on - 23/03/2015 ::: Downloaded on - 25/03/2020 12:52:28 ::: Commissioner of Income-tax-6, Mumbai v. Gala Precision Technology Pvt. Ltd
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