Itta/184/2013 Of Commissioner Of Income Tax-Ii v. M/S.kensoft (India) Pvt.ltd

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI INCOME TAX APPELLATE TRIBUNAL APPEAL NO.184 OF 2013 DATED:3.7.2013 Between:Commissioner of Income Tax – IIHyderabad … AppellantAndM/s. Kensoft (India) Pvt. Ltd.,Plot No.115, 1[st] FloorBrig. SayeedBowenpallySecunderabad … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. NO.184 OF 2013 JUDGMENT:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The instant appeal is sought to be preferred on the followingsuggested questions of law. (A)“Whether on the facts and in the circumstances of the case,the Appellate Tribunal is justified in setting aside thepenalty?the Appellate Tribunal is justified in setting aside thepenalty? (B)Whether the finding of the Appellate Tribunal that theassessee has not concealed particulars of income ormaterial particulars, is based on material on record?”assessee has not concealed particulars of income ormaterial particulars, is based on material on record?” This appeal is sought to be preferred against the order of thelearned Tribunal dt.2.1.2009 in relation to assessment year 2003-04. The learned Tribunal found that pre-conditions for imposingpenalty under Section 271(1)(c) of the Income Tax Act, 1961, are notsatisfied. After hearing the learned counsel for the appellant andtaking note of the factual finding of the learned Tribunal, we are of theview that no question of law is involved in this matter. Therefore, this appeal is dismissed. No order as to costs. ________________________ K.J. SENGUPTA, CJ ______________________ G. ROHINI, J 3.7.2013 bnr