TMI Blog2009 (11) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... arrant interference by entertaining these appeals. tax case appeals are dismissed. - 1283 to 1289 of 2009 - - - Dated:- 30-11-2009 - RAVIRAJA PANDIAN K., SUNDRESH M. M. JJ. JUDGMENT K. Raviraja Pandian J.- 1. These appeals, relating to the assessment years 1992-93, 1990-91, 1991-92, 1993-94, 1994-95, 1995-96 and 1996-97 respectively, have been filed against the common order of the Income-tax Appellate Tribunal, Madras "A" Bench, dated April 15, 2009, in I. T. A. Nos. 1364, 1393, 1394, 1395, 1396, 1397 and 1398/Mds/2008, at the instance of the Revenue, by formulating the following substantial question of law : "Whether, on the facts and circumstances of the case, the Tribunal was right in holding that no penalty for conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come at Rs. 7,87,343, which was accepted by the assessee. While the matter in respect of the assessment was resisted, the Assessing Officer initiated penalty proceedings under section 271(1)(c) of the Income-tax Act, 1961, by issuing a notice demanding penalty of Rs. 4,41,435 for the assessment year 1990-91 and Rs. 2,97,211 for the assessment year 1991-92. Aggrieved against the levy of penalty, the assessee filed an appeal before the Commissioner of Income-tax (Appeals), who allowed the appeal and directed the Assessing Officer to cancel the penalty against the assessee under section 271(1)(c) of the Income-tax Act, 1961. Aggrieved by that order, the Revenue filed further appeal before the Income-tax Appellate Tribunal. Thus, the Tribunal r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis for all the subsequent assessment years. That order has not been carried on by the Revenue by way of appeal. In respect of the assessment years, which are under consideration in these appeals, the assessment orders made by the Assessing Officer were set aside by the Tribunal with a direction to reframe the assessments, after examining the Central excise records and that the Assessing Officer could not collect the Central excise records and completed the assessments. On appeal, the Commissioner of Income-tax (Appeals) examined the entire facts of the case relating to earlier years and directed the Assessing Officer to adopt the profit of Re. 1 per litre of the rectified spirit. While doing so, the Tribunal has also taken into consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... done for the assessment year 1988-89 agreeing for adopting the profit at Re. 1 per litre. On that basis, the assessment has been made. There is no finding whatsoever that the assessee has suppressed any material or filed inaccurate return for any one of the earlier assessment order under consideration for the purpose of levy of penalty. As already said, the Assessing Officer was not able to fix the exact quantum of suppression and the assessment has been made on concession for the purchase of spirit. In the absence of any finding as to suppression of sales or furnishing inaccurate particulars of such income, invocation of the penal provision under section 271 of the Income-tax Act, 1961, is not correct. The Assessing Officer has completed t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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