TMI Blog2023 (5) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to examine the matter on merits and render finding as to whether the Tribunal was right in dismissing the revenue s appeal. On going through the order passed by the learned Tribunal, we find no finding has been recorded by the learned Tribunal as to how the decision in AKA Logistics Pvt. Ltd. (supra) would apply to the case on hand and there is no discussion on the factual aspect. That apart, the learned Tribunal has also not given any finding as to how the decision relied on by the revenue in the case of Sandeep Chandak vs. PCIT, Kanpur,[ 2018 (6) TMI 106 - SC ORDER] is not applicable to the case on hand or it is factually distinguishable. Though such may be the factual position, in the absence of any independent reasoning by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue has raised the following substantial questions of law for consideration :- (i) Whether on the facts and circumstances of the case and under law, the ITAT has erred in dismissing the revenue s appeal when all the conditions specified in Section 271AAB(1)(c) of the Income Tax Act, 1961 were satisfied for imposing the penalty ? (ii) Whether on the facts and circumstances of the case and under law, the ITAT has erred in holding that penalty u/s. 271AAB of the Income Tax Act, 1961 is not mandatory and is discretionary without considering the provision of section 273B of the Income Tax Act, 1961 which specifically mentions the penal sections under which penalty may not be imposed on a person or an assessee, as the case may be, fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on hand and there is no discussion on the factual aspect. That apart, the learned Tribunal has also not given any finding as to how the decision relied on by the revenue in the case of Sandeep Chandak vs. PCIT, Kanpur, (2018) 93 taxmann.com 406 (SC) is not applicable to the case on hand or it is factually distinguishable. It is the submission of the learned counsel for the respondent/assessee that in the case of AKA Logistics, the Court had taken note of the decision in the case of Sandeep Chandak. Though such may be the factual position, in the absence of any independent reasoning by the learned Tribunal with regard to the merits of the matter of the respondent/assessee, it will not be possible for us to test the correctness of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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