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The Commissioner of Income Tax-8 Versus M/s Aditya Birla Power Co. Ltd.

2016 (1) TMI 136 - BOMBAY HIGH COURT

Penalty u/s. 271(1)(c) - Held that:- Where an issue is debatable/ arguable, no occasion to impose penalty can arise and the fact that the appeal in quantum proceedings had been admitted, was evidence enough of the issue being debatable. See Nayan Bui .....

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vind Pinto For the Respondent : Mr. J. D. Mistri, Sr. Advocate with Mr. Madhur Agarwal and Mr. A.K. Jasani ORDER P.C. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 4th September, 2013 passed by the In .....

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since the issue raised by the Respondent have been admitted by the High Court, no penalty is exigible, without appreciating the fact that there is no such provision in the Act whereby the Respondent is discharged from the onus levied on it by the pro .....

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1(1)(c), whereas an admission of a question of law, does not amount to a decision as per Section 260A of the Act? . 3. The Assessing Officer had imposed penalty upon the Respondent Assessee under Section 271(1)(c) of the Act. The basis of the penalty .....

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rom the order of the Tribunal for the subject assessment year had been admitted by this Court on 22nd July, 2011 being Income Tax Appeal No.4611 of 2011, as it involves substantial question of law. 5. In view of the above, the impugned order while di .....

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