Ita/189/2015 Of The Commissioner Of Income-Tax v. Shri Padmaiah Vuppu

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9 DAY OF OCTOBER ZOLD PRESENT THR HON'BLE MR. JUSTICK VINEBT SARAN| AND THR HON BLE MR. JUSTICE B.MANOHAR 1.T.A.NO.189 OF 2015BETWEEN: 1. The Commissioner of Income Tax,Central Circle, C.R.Building,Queens Road, Bangalore. 2. The Deputy Commissioner ofIncome Tax, Central Circle — 2(3), C.R.Building, Queens Road,Bangalore. .. Appellants| \By Sri K.V.Aravind, Advocate] AND: shri Padmaiah Vuppu,Prop: M/s.Fortuna Constructions,No.3156, 12[.!]Main, HAL 2['1]stage,Bangalore. .. Respondent. This ITA is filed under Section 2J60-A of Income TaxAct, 1961 arising out of order dated 13.10.2014 passed in|ITA No.1100/Bang/2013, for the assessment year 2007-2008, praying to (1) formulate the substantial questions of|law stated above and (2) to allow the appeal and set aside the orderpassedbytheITAT,|BangaloreinITA|No.1100/Bang/2013 dated 13.10.2014 and confirm theorder of the Appellate Commissioner confirming the orderpassed by the Deputy Commissioner of Income Tax, CentralCircle — 2(3), Bangalore. This ITA, coming on for admission, this day|VINEETSARAN.J.,delivered the following: JUDGMENT The question in this appeal relates to imposition ofpenalty, which question has been decided by theTribunal held in favour of the assessee. Aggrieved bythe said order this appeal is filed. | 2. Having heard learned counsel for the appellantand perused the facts of this case we are of the opinionthat the Tribunal has rightly, after relying on thejudgment in the case ofCommiuisstoner of Income T —VS-Manjunatha Cotton and Ginning Factory,(2013) 359 ITR 565,decided the issue in favour of.aSSECSSECE. 3. In that view of the matter, we are of the opinion, no substantial question of law arises for determinationby this Court. The appeal is accordingly dismissed. Sda/-| JUDGE Sd/-| JUDGE.Cm/-|