Itta/332/2013 Of The Commissioner Of Income Tax-Iv v. Chinta Manoj Raj

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE K.C.BHANU I.T.T.A.No.332 of 2013 Date: 20.08.2013 Between: The Commissioner of Income Tax-IV, Hyderabad. .....Appellant AND Chinta Manoj Raj ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE K.C.BHANU I.T.T.A.No.332 of 2013 JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This appeal is preferred against the judgment and order ofthe learned Tribunal dated 08.10.2010 in I.T.A.No.876/Hyd/10 inrelation to the assessment year 2004-05. We have heard Sri J.V.Prasad, learned Counsel for theappellant, and gone through the judgment and order of the learnedTribunal. The learned Tribunal has dismissed the penaltyproceedings, which was initiated as a sequel to the order of theAssessing Officer. The said order of the Assessing Officer hasbeen set aside by the learned Tribunal. Hence, there is no basisto maintain the penalty proceedings. We do not find any illegalinfirmity in the order to admit the appeal. Accordingly, the appeal is dismissed. No order as to costs. ___________________ K.J. SENGUPTA, CJ _______________ K.C.BHANU, J