1. Having heard Mr. Ahuja, learned counsel appearing on behalf of the appellant, we find that this appeal cannot be entertained as it does not raise any substantial question of law. The imposition of penalty was found not to be justified and the appeal was allowed. As a proof that the penalty was debatable and arguable issue, the Tribunal referred to the order on the assessees appeal in quantum proceedings and the substantial questions of law which have been framed therein. We have also perused that order dated September 27, 2010, admitting Income Tax Appeal No. 2368 of 2009. In our view, there was no case made out for imposition of penalty and the same was rightly set aside. The appeal raises no substantial question of law, it is dismissed. No costs.
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Commissioner Of Income Tax v. Nayan Builders And Developers
Commissioner Of Income Tax v. Nayan Builders And Developers
(High Court Of Judicature At Bombay)
Income Tax Appeal No. 415 of 2012 | 08-07-2014
Advocate List
- For Petitioner : Abhay Ahuja, Advocate
- For Respondent : ; Sanjiv M. Shah, Advocate
Bench
- HONBLE JUSTICE S.C. DHARMADHIKARI, J
- HONBLE JUSTICE B.P. COLABAWALLA, J
Eq Citations
- [2014] 368 ITR 722 (BOM)
- LQ/BomHC/2014/1711
Head Note
Income Tax — Penalty — Justification of penalty — When not substantial question of law — Held, there was no case made out for imposition of penalty and the same was rightly set aside — Hence, appeal dismissed (Para 1)
