Itta/581/2013 Of Commissioner Of Income Tax-Iii v. Y.ram Chandra Reddy

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 581 of 2013 DATE: 03.12.2013 Between: Commissioner of Income Tax-III,Hyderabad. … Appellant And Y. Ram Chandra Reddy,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. 581 of 2013 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Sri B. Narasimha Sarma, learned counsel for theappellant, and gone through the impugned judgment and order of the learnedTribunal. We find that the learned Tribunal on fact found in the manner asfollows: “We find that the CIT(A) has allowed the appeal on two counts,i.e., firstly on the issue of limitation; and secondly on merits anddecided the issue in favour of the assessee and has held that thepenalty under Section 271(1)(c) could not be levied on the facts of thecase. We find that the revenue has not preferred any ground in thisappeal against the order of the CIT(A) deciding the issue of levy ofpenalty under Section 271(1)(c) on merits in favour of the assessee. In these facts, we hold that the issue raised in the grounds of thisappeal of the revenue is merely academic, since the revenue has nottaken any ground against the order of the CIT(A) deciding the issueof levy of penalty under Section 271(1)(c) of the Act on merits.” In view of the aforesaid findings of the learned Tribunal, nothing is there to decide in this appeal. Hence, the appeal is dismissed. Miscellaneous petitions, if any, pending in this appeal shall standclosed. _____________________ K.J. SENGUPTA, CJ Date: 03.12.2013 ES ____________________ SANJAY KUMAR, J