2009 (4) TMI 1064

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..... ase of Virtual Soft Systems Ltd. [ 2007 (2) TMI 147 - Supreme Court and as the returned income and assessed income in these cases are a loss figure, the penalty u/s. 271(1)(c) cannot be imposed - HELD THAT:- We find that the decision of the Hon'ble Supreme Court in the case of Virtual Soft Systems Ltd. (supra) stands over ruled with the decision of the Apex Court in the case of CIT v. Gold Coi .....

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..... e for A.Y 1993-1994, 1996-1997 1997-1998, are directed against the common order of CIT (Appeals) dated 25-4-2007. Since identical issue is involved in these appeals, these are being disposed of by a consolidated order. 2. The identical ground of appeal by the revenue in all these appeals is as under: Whether, on the facts and in the circumstances of the case, the learned Commissioner of Income Tax .....

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..... e in these cases are a loss figure, the penalty u/s. 271(1)(c) cannot be imposed. We find that the decision of the Hon'ble Supreme Court in the case of Virtual Soft Systems Ltd. (supra) stands over ruled with the decision of the Apex Court in the case of CIT v. Gold Coin Health Food Pvt. Ltd. 304 ITR 308 (SC). However, since the penalties imposed u/s. 271(1)(c) in these cases were not decided .....

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