2008 (1) TMI 885 - HC - Income Tax

Initiating penalty proceedings under Section 271(1)(c) - Valid satisfaction or Not - furnishing inaccurate particulars of income or for concealing the income - HELD THAT:- We are unable to discern from the assessment order the reason for initiating penalty proceedings. Therefore, the concurrent view held by both the authorities below must be accepted.

Even though the law has been settled by this Court in a very large number of cases, apart from Ram Commercial Enterprises such as Diwan Enterprises v. Commercial of Income[1998 (10) TMI 13 - DELHI HIGH COURT] and CIT v. B.R. Sharma[2007 (9) TMI 259 - DELHI HIGH COURT], the Revenue is still filing these sort of appeals for no apparent reason. By this casual attitude of the Revenue, the Registry (apart from this Court) has been put under severe pressure in dealing with a large influx of appeals, which prima facie do not have any merit. By this flood of litigation, the Revenue is ensuring that more important cases, where stakes are much higher and where perhaps the Revenue has a better case, get receded into the background and their turn cannot come up in the near future. We have been repeatedly observing this but to no effect.

Thus, we are constrained to dismiss this appeal.