Itta/138/2014 Of The Commissioner Of Income Tax-I v. Nitin Kumar Shah

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 138 of 2014 Date: 04.03.2014 Between: The Commissioner of Income Tax-I,Hyderabad. … Appellant And Sri Nitin Kumar Shah,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 138 of 2014 JUDGMENT:(Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Mr. Prasad, learned counsel for the appellant,and gone through a portion of the impugned judgment and order of thelearned Tribunal relating to ITA.No.872/Hyd/2013 against which thepresent appeal has been filed. We find that the learned Tribunal on fact found that pre-conditionfor imposing of penalty or for that matter initiating penalty proceedingsare not satisfied. It appears that while furnishing revised returns somebenefit under the Income Tax Act, 1961 was sought for and the samewas disallowed. Therefore, it is a fit case of concealment of income andfurnishing of inaccurate particulars. Hence, the appeal is dismissed. No order as to costs. ___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J