Commissioner Of Income Tax, Jaipur v. Shri Vivekgupta

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANJAIPUR BENCH, JAIPUR D.B. INCOME TAX APPEAL NO. 418/2011 COMMISSIONER OF INCOME TAX, JAIPUR VS. SHRI VIVEKGUPTA. Date: 31.10.2011 HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA'HONBLE MR. JUSTICE NARENDRA KUMAR JAIN-I Mr. R.B. Mathur, for the appellant. Heard counsel appearing on behalf of theappellant. The question involved in this appeal is with regardto setting aside order of imposition of penalty under Section271(1)(c) of the Income Tax Act, 1961. Penalty of Rs.5,40,000/-, which was imposed by the Assessing Officer, hasbeen deleted by the Income Tax Appellate Tribunal in separateproceedings. The ITAT has recorded a finding of fact thatthere is nothing on record to establish that the assessee hasfurnished inaccurate particulars of income or has concealedthe income. In view of the aforesaid finding recorded by theITAT, we find that the order passed by learned ITAT does notcall for any interference. No substantial question of law is involved in thisappeal. Consequently, the appeal is, hereby, dismissed inlimine. (NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ. Manoj, S.No. S.40.“All corrections made in the judgment/order have been incorporated inthe judgment/order being emailed.” MANOJ NARWANI, JUNIOR PERSONAL ASSISTANT.