Pr. Commissioner of Income-tax (Central), Lucknow v. K.N. Singh Patel
[Citation -2017-LL-0719-11]
| Citation | 2017-LL-0719-11 |
|---|---|
| Appellant Name | Pr. Commissioner of Income-tax (Central), Lucknow |
| Respondent Name | K.N. Singh Patel |
| Court | HIGH COURT OF ALLAHABAD AT LUCKNOW |
| Relevant Act | Income-tax |
| Date of Order | 19/07/2017 |
| Judgment | View Judgment |
| Keyword Tags | block period • imposition of penalty • survey proceeding • search proceedings • retrospective applicability |
| Bot Summary: | This is an appeal under Section 260-A of the Income Tax Act, 1961 arising from the judgment and order dated 18.12.2015 passed by Income Tax Appellate Tribunal, Lucknow Bench, Lucknow, in ITA No.571/LKW/2014. The appeal was admitted on the following substantial questions of law:- 1) Whether the Income Tax Appellate Tribunal is justified under the facts and circumstances of the case in dismissing the department's appeal and confirming the order of CIT; without appreciating that provision of Sec. 271AAA are not applicable to all the years of block period rather it is applicable to the 'specified previous year' only. 2)Whether the Income Tax Appellate Tribunal is justified in dismissing the department's appeal without appreciating that the word 'specified previous year' used in Sec. 3) Whether the Income Tax Appellate Tribunal is justified under the facts and circumstances of the case in dismissing the department's appeal by observing that no penalty U/s 271(1)(c) can be levied in non-search years of block period, in case where provisions of Sec.271AAA are applicable on the date of search. Section 271-AAA, a bare reading, shows that it is applicable in respect of the specified previous year which is certain since it has to 2 be found in the context of date of search/survey. Appeal is allowed in the manner, as aforesaid, and remanded to Tribunal for consequential follow. |