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TMI Blog2017 (5) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... issatisfied with the impugned judgement and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad in I.T.A. No.1586/AHD/2013 for A.Y. 2005-06, by which the learned tribunal has dismissed the said appeal preferred by the revenue and has confirmed the order passed by the learned CIT(A) deleting the penalty under section 271(1)(c) of the Income Tax Act, revenue has preferred the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act Rs. 3,00,000 2.02. That the matter went upto the learned tribunal and the learned tribunal in ITA NO.1869 & 1881/AHD/2009 vide order dated 31/5/2012 deleted additions made on account of (I) Revenue expenditure treated as capital expenditure (ii) Garden expenditure (iii) out of R&D expenses addition of Rs. 82,99,000/- was upheld and (iv) Disallowance u/s.14A was deleted. 2.03. Therefore, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red by the revenue and confirmed the order passed by the learned CIT(A) deleting the penalty under section 271(1)(c) of the Act. 2.04. Feeling aggrieved and dissatisfied with the impugned judgement and order passed by the learned tribunal and deleting penalty under section 271(1)(c) of the Act, revenue has preferred the present appeal with the aforestated proposed questions of law. 3.00. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y under section 271(1) (c) of the Act. Under the circumstances and considering the decision of the Hon'ble Supreme Court in the case of Tips Industries P. Ltd. (supra) when the learned tribunal has deleted penalty under section 271(1)(c) of the Act, it cannot be said that the learned tribunal has committed any error. No substantial question of law arise. Under the circumstances, present appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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