Ita/62/2010 Of The Commissioner Of Income Tax v. Sri.a.mohammed Abdurahman

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 ITA.No. 62 of 2010() -------------------- ITA.868/COCH/2007 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHINBENCH APPELLANT/APPELLANT -------------------------- THE COMMISSIONER OF INCOME TAX, KOZHIKODE. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/ RESPONDENT ------------------------- SHRI.A.MOHAMMED ABDURAHMAN, ADIYATHIL HOUSE, ANANTAVOOR, THIRUNAVAYA, MALAPPURAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = I.T.A. 62 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF MARCH, 2010. Raman, Ag. CJ. J U D G M E N T This is an appeal arising out of the order of the Income Tax AppellateTribunal, Cochin Bench in ITA No. 868/Coch/2007 dated 24.7.2009. Theassessee was imposed penalty under Section 271(1)(c) of the Income TaxAct, at 200% as against the maximum of 300%. On appeal, it was reducedto 100%, by the Commissioner of Income Tax. The Tribunal found thatrestriction of penalty to 100% as against 200% levied by the AssessingOfficer is justified. Thus reduction of penalty by 100% was confirmed inappeal by the Tribunal. Thus the finding of penalty sustained. The onlyissue is as to whether the reduction on the factual situation is justified ornot. We do not find any substantial question of law as such arising out ofthe order of the Tribunal. In such circumstances, there is no merit in theappeal. Dismissed. P.R. RAMAN,(Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE).