Commissioner Of Income-Tax-I, Nagpur v. Mukesh Dedutta Gupta, Nagpur

0309itl76.09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR INCOME-TAX APPEAL NO. 76 OF 2009 (Commissioner of Income-Tax-I, Nagpur Vs. Mukesh Dedutta Gupta, Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Anand Parchure, Advocate for the appellant. CORAM: J. P. DEVADHAR & A. B. CHAUDHARI, JJ.DATED: 03RD SEPTEMBER, 2010. Whether the Tribunal was justified in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 is a question raised in this appeal. The Tribunal deleted the penalty firstly on the ground that the assessee had filed return pursuant to notice under Section 153-A of the Income Tax Act offering additional income with a view to buy peace & on the understanding that no penalty would be levied. Having accepted the return subject to conditions attached to it, imposition of penalty was not justified. Secondly, in the case of group concern, penalty in the case of Padmesh Gupta and Gupta Leasing & Finance Ltd. has been deleted and the Revenue has accepted the decision of the Tribunal by not filing any further appeal. In the absence of any distinguishing facts, deletion of the penalty cannot be faulted. The Income-Tax appeal is dismissed. JUDGE JUDGE