Commissioner Of Income Tax, Kota v. M/S Krishi Upaj Mandi Samiti Bhawani Mandi, Jhalawar (Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 571 / 2009 COMMISSIONER OF INCOME TAX, Kota. ----Appellant Versus M/S KRISHI UPAJ MANDI SAMITI BHAWANI MANDI, JHALAWAR (Raj). ----Respondent _____________________________________________________ For Appellant(s) : Mr. Sameer JainFor Respondent(s) : Mr. Sanjay Jhanwar _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE VIJAY KUMAR VYASJudgment Per Hon’ble Jhaveri, J. 25/04/2017 1.By way of this appeal, the appellant has challenged thejudgment and order of the Tribunal whereby the Tribunal hasdismissed the appeal of the department confirming the order ofthe CIT(A). 2.This Court while admitting the appeal on 07.01.2010 hasframed the following substantial question of law: “Whether in the facts and circumstances ofthe case the ITAT was justified in law inconfirming the order of CIT(A( deleting thepenalty of Rs.34,00,000/- imposed by theAssessing Officer u/s 271(1)(c) ignoring theprovisions contained in sectiion 275(1A) ofthe Act?” 3.Counsel for the respondent has contended that the issue is squarely covered by the decision of this Court in the case of Commissioner of Income Tax Kota vs. M/s Krishi Upaj Mandi Samiti, BundiinDB Income Tax Appeal No.541/2011, decided on 27.05.2013 which reads as under: “Learned counsel for the appellant fairlyand frankly submitted that the main appealagainst the quantum of tax, has alreadybeen decided against the Revenue inCommissioner of Income-Tax Vs. KrishiUpaj Mandi Samiti, Shrimadhopur, [2011]331 ITR 174(Raj.), therefore, the presentappeal, which is in respect of penalty inpursuance of the quantum of tax, has nosubstance. In view of the statement of the learnedcounsel for appellant, we find no force inthis appeal, as the main case relating toquantum of tax has already been decidedagainst the Revenue.The appeal is, accordingly, dismissed inlimine.” 4.He has contended that since the assessment has been setaside, the appeal deserves to be dismissed. 5.In that view of the matter, the issue is answered in favour of the assessee and against the department. 6.The appeal stands dismissed. (VIJAY KUMAR VYAS),J. (K.S. JHAVERI),J. Asheesh Kr. Yadav/106