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Pr. Commissioner of Income Tax-2 Versus R.K. Gupta Contractors & Engineers Pvt. Ltd.

2017 (1) TMI 1414 - MADHYA PRADESH HIGH COURT

Penalty under Section 271(1)(C) - deduction claimed under Section 80(1)(a)(4) - Held that:- Bombay High Court in the case of Nayan Builders and Developers Pvt. Ltd. Vs. The Taxing Authorities [2010 (9) TMI 1004 - BOMBAY HIGH COURT] concurrent finding's are recorded by the Commissioner (Appeal) and the Tribunal, they came to the conclusion that when an appeal involving a substantial question of law was pending consideration before the High Court, the addition became a debatable one and when the a .....

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nt that as the question of deduction was pending consideration in the appellate forum, therefore, penalty imposed should be canceled. - We find that the aforesaid view taken by the Tribunal, to say that till decision on the appeal by the High Court the bonofide of the assessee in claiming the deduction cannot be disputed, the Commissioner, Income Tax Appeals and the Tribunal have not committed any error and in dismissing the appeal of revenue on such consideration, no error has been committe .....

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initiated for imposing penalty under Section 271(1)(C) of the Income Tax Act. 2. As common questions of law and facts are involved in all these four appeals, they are being disposed of by this common order. 3. The order passed by the Assessing Officer was interfered with by the Commissioner, Appeals and challenging the order of Commissioner, (Appeal), the appeal was filed before the Tribunal by the Revenue. With reference to assessment year 2005-2006 to 2008-2009, various assessment orders were .....

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he provisions of Section 271(1)(c) and ultimately when penalty were imposed by the Assessing Officer at the instance of respondent -assessee, matter traveled to the Commissioner, Appeal and the same having been allowed at the instance of Revenue, matter was agitated with Tribunal and the Tribunal after taking note of various aspects of the matter, came to the conclusion that penalty could not be imposed when the appeal under Section 260A has been admitted in the matter of addition made or deduct .....

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