Itta/579/2013 Of Commissioner Of Income Tax-Iii v. S.p.office Needs Pvt Ltd

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. 579 of 2013 DATE: 03.12.2013 Between: Commissioner of Income Tax-III,Hyderabad. … Appellant And M/s. S.P. Office Needs Private Limited,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. 579 of 2013 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing Sri B. Narasimha Sarma, learned counsel for theappellant, and going through the impugned judgment and order of thelearned Tribunal, we are of the view that the learned Tribunal has found onfact that pre-condition for initiation of penalty proceedings under Section271(1)(c) of the Income Tax Act, 1961 is not satisfied. Therefore, we do not find the aforesaid fact finding recorded by thelearned Tribunal is perverse. Hence, no element of law is involved in thisappeal. The appeal is accordingly dismissed. Miscellaneous petitions, if any, pending in this appeal shall standclosed. _____________________ K.J. SENGUPTA, CJ ____________________ SANJAY KUMAR, J