Commissioner Of Income Tax v. Sh. Shri Chand

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.444 of 2010 Date of decision: 13.10.2010 Commissioner of Income Tax. Vs. Sh. Shri Chand. -----Appellant. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:-Ms. Urvashi Dhugga, Advocatefor the appellant. for the appellant. --- ADARSH KUMAR GOEL, J. This appeal has been preferred by the assesseeunder Section 260-A of the Income Tax Act, 1961 (for short, “theAct”) against the order dated 15.12.2009 of the Income TaxAppellate Tribunal, New Delhi in I.T.A. No.3949/Del/2009 for theassessment year 1997-98 proposing to raise following substantialquestions of law:- “I.Whether, on the facts and in the circumstances of thecase, Ld. ITAT was right in law in quashing the orderimposing penalty u/s 271(1)(c) of the Income Tax Act,1961 by holding the addition in respect of whichpenalty has been levied stands deleted by theTribunal? case, Ld. ITAT was right in law in quashing the orderimposing penalty u/s 271(1)(c) of the Income Tax Act,1961 by holding the addition in respect of whichpenalty has been levied stands deleted by theTribunal? 2.Whether, on the facts and in the circumstances of thecase, Ld. ITAT was right in deleting the penalty ordercase, Ld. ITAT was right in deleting the penalty order and simultaneously by issuing directions that in casethe quantum addition is modified or set aside oraltered by the higher appellate authority, theDepartment shall be at a liberty to move anapplication to consider the matter afresh on merit inthe light of the final outcome of the quantum matterwithout giving specific direction to the AssessingOfficer to re-examine the penalty in case the quantumorder is restored?” Learned counsel for the revenue is unable to disputethat identical matter being I.T.A. No.16 of 2010 CITv. FatehSingh (HUF)has been decided on 15.7.2010 by this Courtagainst the revenue. In view of above, this appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE October 13, 2010ashwani ( AJAY KUMAR MITTAL ) JUDGE