In Itxa/1432/2011 Of The Commissioner Of Income Tax -Iv Pune v. Sshri Marda Balkisan Gopilal, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: Whether the Tribunal was justified in deleting the penalty levied under Section 273B of the Income Tax Act, 1961 is the question raised in this Appeal.
Decision: The Appeal is dismissed. [SMT.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (LODG) NO. 2023 OF 2010
The Commissioner of Income Tax-IV, Pune....AppellantV/S.Shri. Marda Balkisan Gopilal.....Respondent
.....Respondent
* * * *
Mr. Vimal Gupta, Advocate for the appellant.
None for the respondent.
CORAM :- J.P. DEVADHAR, &
SMT. R.P. SONDURBALDOTA, JJ.
17 June, 2011.
P.C. :-
1.
Heard.
2. Whether the Tribunal was justified in deleting the penalty
levied under Section 273B of the Income Tax Act, 1961 is the question
raised in this Appeal. The Tribunal in paragraph-3 of its order after
giving detailed reasons came to the conclusion that there was reasonable cause for making the payment in cash. The decision of the Tribunal is based on finding of fact. No question of law arises. The Appeal is dismissed.
[SMT. R.P. SONDURBALDOTA, J]
[J.P. DEVADHAR, J]
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