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2016 (2) TMI 41 - GUJARAT HIGH COURT

2016 (2) TMI 41 - GUJARAT HIGH COURT - TMI - Penalty under section 271(1)(c) - recovering full amount of penalty - Held that:- As against quantum addition, the petitioner has already appealed before the Tribunal. The Tribunal has granted stay against recovery on the condition of depositing 50% of tax dues. The appeal against quantum addition is ripe for hearing before the Tribunal. Quite apart from these developments, it is hugely doubtful whether this would be a case for penalty under section 2 .....

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be exempted from tax under section 2(15) of the Act, is only a matter of interpretation. Even post amendment with effect from 1.4.2009, the petitioner's claim for exemption would be eligible or not, is purely a question of law. We fail to see what could be the omission on part of the assessee to disclose inaccurate particulars of the income or conceal the particulars of income in the present case so as to invite penalty. Facts would have to be viewed in light of ratio of decision in case of Comm .....

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KAR, ADVOCATE FOR THE RESPONDENT : MRS MAUNA M BHATT, ADVOCATE ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. The petitioner is Ahmedabad Urban Development Authority and has challenged the action of department of recovering full amount of penalty imposed by the Assessing Officer in connection with the assessment year 20102011. 2. Brief facts are that for the assessment year 20102011, the petitioner filed return of income disclosing nil income. The Assessing Officer however, disputed su .....

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y of the penalty. Pending such application, the Assessing Officer directed to make coercive recovery upon which this petition came to be filed. 3. Having heard learned advocates for the parties and having perused the documents on record, what emerges is that against quantum addition, the petitioner has already appealed before the Tribunal. The Tribunal has granted stay against recovery on the condition of depositing 50% of tax dues. The appeal against quantum addition is ripe for hearing before .....

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