Itxa/2241/2013 Of Commissioner Of Income Tax- Central -Iv v. M/S. Ruby Mills Limited
High Court
23 Apr 2015 In favour of: Assessee
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High Court · newos
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Itxa/2241/2013 Of Commissioner Of Income Tax- Central -Iv v. M/S. Ruby Mills Limited
Date of order
23 Apr 2015
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Itxa/2241/2013 Of Commissioner Of Income Tax- Central -Iv v. M/S. Ruby Mills Limited, the High Court (2015) dismissed the appeal. The decision went in favour of the assessee.
Decision: Having heard both sides and finding that the issue raised by the assessee was arguable and debatable, imposition of penalty cannot be sustained.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.2241 OF 2013
Commissioner of Income Tax-Central-IV
-Versus-M/s. Ruby Mills Limited
..Appellant
..Respondent
...........
Mr. Tejveer Singh for the Appellant.Mr. R. Murlidhar a/w B. G. Yewale i/b. M/s. Rajesh Shah & Co. for the Respondent.
...........
CORAM: S. C. DHARMADHIKARI &
A. K. MENON, JJ.
P.C.:
DATE :- 23[rd] APRIL, 2015.
Having heard both sides and finding that the issue raised by the assessee was arguable and debatable, imposition of penalty cannot be sustained. That has been rightly deleted by the Tribunal. Further, the fact that the matter traveled upto the Tribunal and where the assessee succeeded may be after imposition of the penalty shows that in the facts and circumstances, there was no justification for imposition of penalty. That has been rightly deleted. The appeal does not raise any substantial question of law. It is, accordingly, dismissed. No costs.
(A. K. MENON, J.)
(S. C. DHARMADHIKARI, J.)
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