Commissioner Of Income Tax, Ranchi …… v. Late Ratan Lal Jain

IN THE HIGH COURT OF JHARKHAND AT RANCHI Tax Appeal No. 5 of 2005 Commissioner of Income Tax, Ranchi …… Appellant Versus Late Ratan Lal Jain through its Legal Heir Smt. Bimla Devi Jain …… Respondent --------- CORAM: HON'BLE THE CHIEF JUSTICEHON'BLE MR. JUSTICE D.N. PATEL --------- For the Appellant: Mr. Deepak Roshan, AdvocateFor the Respondents: Mr. Shresth Gautam, Advocate--------- th November, 2013 Order No. 09Dated: 18 1.This appeal is admitted for final hearing and will be heard on the following substantial questions of law:following substantial questions of law: (i)Whether on the facts and circumstances of the case the ITAT was right in affirming the order of CIT(A) who in turn held that the provisions of Section 158 BFA (1) is not mandatory?right in affirming the order of CIT(A) who in turn held that the provisions of Section 158 BFA (1) is not mandatory? (ii)Whether on the facts and in the circumstances of the case the ratio of judgment reported in 254 ITR 68 in the case of New Punjab Skin Co. vs. Union of India and others is squarely applicable in the facts and circumstances of the case?of judgment reported in 254 ITR 68 in the case of New Punjab Skin Co. vs. Union of India and others is squarely applicable in the facts and circumstances of the case? (iii)Whether on the facts and in the circumstances of the case ITAT was right in directing the assessing officer not to initiate penalty proceeding when no cause of appeal arose?right in directing the assessing officer not to initiate penalty proceeding when no cause of appeal arose? 2.Learned counsel for the respondent shall file counter affidavit. 3.The matter shall be listed in regular course. 4.Paper book shall be prepared by the Registry of this Court, as required under Rules 190 and 191 of the High Court of Jharkhand Rules, 2001. (R. Banumathi, C.J.) (D.N. Patel, J.)