TMI Blog2014 (8) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... inions are possible, penalty under Section 271(1)(c) of the Act is not required to be imposed / levied – order of the Tribunal is upheld – Decided against Revenue. - Tax Appeal No. 479 of 2014, Tax Appeal No. 480 of 2014 - - - Dated:- 23-6-2014 - M. R. Shah And K. J. Thaker,JJ. For the Petitioner : Mrs. Mauna M. Bhatt ORDER (Per : Honourable Mr. Justice M. R. Shah) 1. As common question of law and facts arise in both these appeals and as such with respect to same question and same assessee but with respect to different AY, both these appeals are heard, decided and disposed of by this common order. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the learned Assessing Officer imposing the penalty under Section 271(1)(c) of the Act as well as order passed by the learned ITAT confirming the order passed by the learned CIT(A). 5. At the outset, it is required to be noted that while filing the return of income for respective A.Y., the assessee claimed deduction under Section 80HHC of the Act, which came to be disallowed by the learned Assessing Officer and consequently the Assessing Officer levied / imposed penalty under Section 271(1)(c) of the Act. On appeals, the learned CIT(A) deleted the said penalty / penalties and the same have been confirmed by the learned Tribunal by impugned judgment and orders. It is required to be noted and it is not in dispute that as such the issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Tribunal while deleting the penalty imposed under Section 271(1)(c) of the Act. As rightly observed by the learned Tribunal when the issue like unit wise deduction, exclusion of excise duty and sales tax from total turnover etc. had been a matter of dispute between the Department and the Assessee and thus the issue of deduction is a debatable one on which two opinions are possible, penalty under Section 271(1)(c) of the Act is not required to be imposed / levied. Under the circumstances, the learned Tribunal has rightly deleted the penalty imposed under Section 271(1)(c) of the Act confirming the order passed by the learned CIT(A). We see no reason to interfere with the impugned judgment and order passed by the learned Tribunal. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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