Income Tax Officer-1 Raigarh Chhattisgarh v. Raj Kishore Singh

HIGH COURT OF CHHATTISGARH, BILASPUR NAFR Tax Case No. 56 of 2019 (Arising out of order dated 09.08.2018 passed in ITA No.118/RPR/2018 by thelearned Income Tax Appellate Tribunal, Raipur)learned Income Tax Appellate Tribunal, Raipur) Income Tax Officer-1 Raigarh Chhattisgarh. ---- Appellant Versus Raj Kishore Singh Prop. Basudeo Bus Service, Kabir Chowk, Jute MillRoad, Raigarh Chhattisgarh. ---- Respondents ________________________________________________________________ _________________________________________________________________ Hon'ble Shri P. R. Ramachandra Menon, Chief JusticeHon'ble Shri Parth Prateem Sahu, Judge Judgment on Board P. R. Ramachandra Menon, Chief Justice 11.12.2019 1.This is an appeal preferred under Section 260-A of the Income Tax Act,1961. We have gone through the pleadings and material on record. 1961. We have gone through the pleadings and material on record. 2.Heard the learned standing counsel appearing for the Revenue in detail. 3.The basic challenge is with regard to the imposition of penalty in terms ofSection 271(1)(c) read with Section 274 of the Income Tax Act, 1961pursuant to the assessment order dated 26.12.2012 passed by thecompetent authority wherein the penalty was imposed as per order dated04.06.2013. This came to be affirmed by the Commissioner vide orderdated 02.04.2018, however, in the course of further challenge, the sameSection 271(1)(c) read with Section 274 of the Income Tax Act, 1961pursuant to the assessment order dated 26.12.2012 passed by thecompetent authority wherein the penalty was imposed as per order dated04.06.2013. This came to be affirmed by the Commissioner vide orderdated 02.04.2018, however, in the course of further challenge, the same Anu came to be reversed by the Tribunal by passing a verdict in favour of theAssessee, which is sought to be interdicted by the Revenue by filing thepresent appeal. 4.During the course of hearing, we have perused the various Circulars ofCentral Board of Direct Taxes, particularly Circular No.17 of 2019 dated08.08.2019 and the subsequent Circular dated 20.08.2018. Central Board of Direct Taxes, particularly Circular No.17 of 2019 dated08.08.2019 and the subsequent Circular dated 20.08.2018. 5.The learned standing counsel representing the Revenue/Department veryfairly brings to the notice of this Court as to the effect of the proceeding inIncome Tax Appeal No.380 of 2015 passed by the Karnataka HighCourt on 23.11.2015, whereby the plea taken by the Department wasrepelled. fairly brings to the notice of this Court as to the effect of the proceeding inIncome Tax Appeal No.380 of 2015 passed by the Karnataka HighCourt on 23.11.2015, whereby the plea taken by the Department wasrepelled. 6.Though the Department took up the matter before the Apex Court by filingSpecial Leave Petition, after condoning the delay. It was held that therewas no merit in the petition and accordingly, the Special Leave Petitionwas dismissed.Special Leave Petition, after condoning the delay. It was held that therewas no merit in the petition and accordingly, the Special Leave Petitionwas dismissed. 7.We do not find any reason to take a different view. We do not find anyquestion of law suggested by the Department as involving any substantialquestion of law.question of law suggested by the Department as involving any substantialquestion of law. 8.The appeal is dismissed accordingly. Sd/- Sd/- (P.R. Ramachandra Menon)(Parth Prateem Sahu) Chief Justice Judge