Commissioner Of Income Tax, Faridabad v. Sh. Chandi Ram

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH I.T.A No. 466 of 2007 Date of decision : September 25, 2008 Commissioner of Income Tax, Faridabad ...... Appellant. through Mr. Yogesh Putney, Sr. Standing counsel. v. Sh. Chandi Ram, ...... Respondent CORAM : HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY TEWARI *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J This appeal has been filed by the revenue against the orderdated 18.1.2007 passed by the Income Tax Appellate Tribunal, Delhi,proposing the following substantial questions of law :- “ 1.Whether, on the facts and circumstances of the case, the learned ITAT is right in holding that theAssessing Officer had not recorded his satisfaction forinitiating the penalty u/s 271(1)(c), even though theAssessing Officer had mentioned the same in theassessment order ? (2)(a) Whether, on the facts and circumstances of thecase, the learned ITAT is right in holding that the penalty has been levied on the assessee with the status as`individual' though the original assessment was madewith the `HUF' status ? (2)(b) Without prejudice to 2(a) above, whether thelearned ITAT is right in overlooking the fact that thestatus of the assessee was held as `individual' and not`HUF' by the learned CIT(A) and also by learned ITATin the quantum appeal in this case of the assessee ? It is not disputed before us that the appeal of the assessee withregard to quantum bearing No. ITA No.4 of 2005 has been allowed on25.2.2008. Consequently, no ground for imposition of penalty survives. Inthis view of the matter, the questions proposed cannot be held to besubstantial questions of law. The appeal is dismissed. ( AJAY TEWARI ) JUDGE September 25, 2008'kk' ( ADARSH KUMAR GOEL ) JUDGE