Itta/649/2017 Of The Commissioner Of Income Tax (Central) Hyderabad v. Smt.g.venkata Lakshmi

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM I.T.T.A.No. 649 OF 2017 DATED 08 NOVEMBER, 2017 Between: The Commissioner of Income Tax (Central), … Hyderabad Appellant AND Smt. G.Venkata Lakshmi … Respondent : Counsel for the appellant Sri J.V.Prasad : -- Counsel for the respondent THE COURT MADE THE FOLLOWING JUDGMENT:(per Hon'ble Sri Justice C.V.Nagarjuna Reddy) The assessee's appeal filed before the Commissioner of Income Tax (Appeals) – I, Hyderabad, questioning the levying of penalty, under Section 271 (D) of the Income Tax Act, 1961, based on journal entry, was allowed. The said order was confirmed by the Income Tax Appellate Tribunal, Hyderabad "A" Bench, Hyderabad (for short, 'the Tribunal'), which is assailed in this appeal. 2. The Tribunal relied upon its earlier order in the assessee's own cases for the assessment year 2005-06 in I.T.A.No. 1135/Hyd/2012 dated 09-11-2012 and for the assessment year 2003-04 in I.T.A.No. 394/Hyd/2013. 3. At the hearing, Smt. M.Kiranmayee, learned counsel, representing Sri J.V.Prasad, learned senior standing counsel for Income Tax Department, has placed before us a copy of order dated 31-01-2014 in I.T.T.A.No. 12 of 2014 filed against I.T.A.No. 394/Hyd/2013 for the assessment year 2003-04. By the said order, a Division Bench of this Court confirmed the order of the Tribunal. 4. Inasmuch as the order under the instant appeal is passed based on the previous order of the Tribunal, which was confirmed by the Division Bench in the aforementioned appeal, for the same reasons as contained in the order in I.T.T.A.No. 12 of 2014, this appeal is also dismissed. ___________________________ C.V.NAGARJUNA REDDY, J. ___________________________ Date: 08-11-20-17. CHALLA KODANDA RAM, J. JSK