The Commissioner of Income-tax-8 v. Arco Electro Technologies P. Ltd
[Citation -2017-LL-0419-125]

Citation 2017-LL-0419-125
Appellant Name The Commissioner of Income-tax-8
Respondent Name Arco Electro Technologies P. Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 19/04/2017
Assessment Year 2007-08
Judgment View Judgment
Bot Summary: CORAM : S.C. DHARMADHIKARI PRAKASH D. NAIK, JJ. WEDNESDAY, 19TH APRIL, 2017 P.C. : 1 The Revenue is aggrieved and dissatisfied with the order of the Tribunal deleting the penalty. 2 The Tribunal was concerned with the respondent- assessee's appeal. 3 Before the Tribunal, the assessee's representative urged that the penalty be deleted. The ground on which he claims such deletion was that the order of the Tribunal dated 15 th February, 2013, in Income-tax Appeal No.7250/Mum/2010 for this very assessment year deleted the disallowance of payment of commission. 4 While not disputing this position and on facts, the only contention raised before us is that as against the order passed by the Tribunal in quantum proceedings on 15 th February, 2013, the Revenue has preferred Income Tax Appeal No. 1798 of 2013. 5 We do not see how we can accept this stand of the Revenue for the simple reason that the Tribunal's order dated 15th February, 2013, and which was shown to it on 29 th October, SRP 2/3 ::: Uploaded on - 25/04/2017 ::: Downloaded on - 03/05/2017 09:31:51 ::: ITXA790. The exercise carried out by the Tribunal in the peculiar facts of this case does not raise any substantial question of law.


ITXA790.14.doc IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 790 OF 2014 Commissioner of Income Tax-8. Appellant Vs M/s. Arco Electro Technologies P. Ltd. Respondent Mr. Arvind Pinto for Appellant. Mr. Panjkaj R. Toprani for Respondent. CORAM : S.C. DHARMADHIKARI & PRAKASH D. NAIK, JJ. WEDNESDAY, 19TH APRIL, 2017 P.C. : 1 Revenue is aggrieved and dissatisfied with order of Tribunal deleting penalty. 2 Tribunal was concerned with respondent- assessee's appeal. That was directed against order of Commissioner of Income-tax (Appeals), Mumbai, dated 18th July, 2012. assessment year is 2007-08. penalty under section 271(1)(c) of Income Tax Act, 1961, of Rs.14,30,825/- was SRP 1/3 ::: Uploaded on - 25/04/2017 ::: Downloaded on - 03/05/2017 09:31:51 ::: ITXA790.14.doc confirmed under this order. 3 Before Tribunal, assessee's representative urged that penalty be deleted. ground on which he claims such deletion was that order of Tribunal dated 15 th February, 2013, in Income-tax Appeal No.7250/Mum/2010 for this very assessment year deleted disallowance of payment of commission. In other words in quantum / on merits assessee succeeded before Tribunal. Therefore, there was no warrant for sustaining penalty. 4 While not disputing this position and on facts, only contention raised before us is that as against order passed by Tribunal in quantum proceedings (on merits) on 15 th February, 2013, Revenue has preferred Income Tax Appeal No. 1798 of 2013. That appeal was admitted on 9 th July, 2013. Therefore, penalty be sustained and should not be deleted. 5 We do not see how we can accept this stand of Revenue for simple reason that Tribunal's order dated 15th February, 2013, and which was shown to it on 29 th October, SRP 2/3 ::: Uploaded on - 25/04/2017 ::: Downloaded on - 03/05/2017 09:31:51 ::: ITXA790.14.doc 2013, and based on which it deleted penalty is at best under challenge before this Court. It has not been set aside. issue is still live and debatable. Therefore, Tribunal was justified in facts and circumstances of this case in relying on its own order which is still not set aside to delete penalty. exercise carried out by Tribunal in peculiar facts of this case does not raise any substantial question of law. 6 appeal is devoid of merits and is dismissed. There shall be no order as to costs. PRAKASH D. NAIK, J. S.C. DHARMADHIKARI, J. SRP 3/3 ::: Uploaded on - 25/04/2017 ::: Downloaded on - 03/05/2017 09:31:51 ::: Commissioner of Income-tax-8 v. Arco Electro Technologies P. Ltd
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