2009 (11) TMI 57

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the appellant. ORDER 1. This revenue has preferred this appeal under Section 260A of Income Tax Act, 1961 (for short, "the Act") against the order of Income Tax Appellate Tribunal Delhi Bench 'H', New Delhi in ITA No. 1683/Del/2007 dated 6.3.2009 for the assessment year 2002-03, proposing to raise the following substantial question of law:- "(i) Whether, on the facts and in the circumstances of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the assessee as taxable income on the ground of pendency of further proceedings. The CIT (A) upheld the plea of the assessee but the Tribunal held that the amount was taxable. Thereafter, the Assessing Officer levied penalty. The CIT (A) set aside the penalty on the ground that requisite satisfaction has not been recorded which view was upheld by the Tribunal. This Court remanded the matter by hol .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The question is not of taxability but of not paying tax when the issue was debatable. The assessee had arguable case and earlier view was in favour of the assessee in CIT v. Karanbir Singh (2008) 303 ITR 231 (P&H), which is based on the judgment of the Hon'ble Supreme Court in CIT v. Hindustan Housing and Land Development Trust Ltd. (1986) 161 ITR 524 (SC), which has now been reversed in Ghanshya .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X