Ita/73/2016 Of Ispg Technologies India (P) Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 29TH DAY OF JUNE 2016/8TH ASHADHA, 1938 I.T.A.No. 73 of 2016AGAINST THE ORDER IN ITA 261/2015 of I.T.A.TRIBUNAL, COCHIN BENCH, DATED 13-10-2015 APPELLANT/ASSESSEE: ISPG TECHNOLOGIES INDIA (P) LTD. 28/118A, PARAPALLIL LANE, PANAMPALLY NAGAR, COCHIN-682 036. BY ADVS.SRI.K.J.ABRAHAM SRI.NIKHIL JOHN RESPONDENT/REVENUE: THE COMMISSIONER OF INCOME TAX C.R.BUILDINGS, I.S.PRESS ROAD, COCHIN-682 018. R BY P.K.R.MENON, SC FOR INCOME TAX THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 29-06-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.T.A.No.73 of 2016 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: TRUE COPY OF THE ORDER IMPOSING PENALTY UNDERSECTION 271C DATED 12.9.2012 ISSUED BY THE JOINTCOMMISSIONER OF INCOME TAX (TDS), COCHIN, ALONG WITHDEMAND NOTICE FOR THE AY 2012-13. ANNEXURE B: TRUE COPY OF THE APPELLATE ORDER DATED27.2.2015 ITA NO.31/TDS/EKM/CIT(A)-III/12-13, OF CIT(A), KOCHIFOR AY 2012-13. ANNEXURE C: TRUE COPY OF THE APPELLATE TRIBUNAL ORDERDATED 13.10.2015 IN ITA NO.261/COCH/2015. // TRUE COPY // P.A. TO JUDGE ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I.T.A. No.73 of 2016 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29[th] day of June, 2016 JUDGMENT Antony Dominic, J. This appeal is filed by the assessee challenging the order passed by the Income Tax Appellate Tribunal, Cochin Bench, in I.T.A.No.261/15 confirming penalty levied under Section 271Cfor the assessment year 2012-2013. 2. Reading of the order itself shows that there was an admitted delay in the remittance of tax deducted at sourceattracting penalty under Section 271C. The question ofapplicability of Section 273B is also covered against theappellant by virtue of the judgment of this court in I.T.A.No.90/2015. I.T.A. No.73 of 2016 : 2 : 3. In such a factual situation, we cannot find fault with the view taken by Tribunal. We do not find any question of law to beconsidered in this appeal. Appeal fails and is dismissed accordingly. SD/- ANTONY DOMINIC JUDGE jes SD/- DAMA SESHADRI NAIDU JUDGE