Itxa/2480/2013 Of Commissioner Of Income Tax-6 v. M/S. Glorious Reality Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2480 OF 2013 AND INCOME TAX APPEAL NO.2217 OF 2013(NOT ON BOARD) ANDINCOME TAX APPEAL NO.5 OF 2014(NOT ON BOARD) … Commissioner of Income Tax-6 ...Appellant v/s.M/s.Glorious Reality Pvt.Ltd. ...Respondent … Mr.Sureshkumar for the Appellant.Mr.Sanjiv M. Shah for the Respondent. ... CORAM : S.C.DHARMADHIKARI & A.A. SAYED, JJ. DATED : 12 DECEMBER 2014 P.C. Though the Appeal is listed under the group of similar matters for “Direction”, both sides agreed that the same can be disposed of. Accordingly, it is taken up as listed for “Admission”. 2.The Tribunal's order passed on 19 June 2013 in Income Tax Appeal No.380/M/2012 for Assessment Year 1999-2000 is challenged on the substantial questions of law at para 4(a) & 4(b) of the Paper Book. itxa-2480-13.doc 3.The Tribunal deleted the penalty and upon being satisfied that the ingredients of section 271(1)(c) read with explanation-1 are not attracted, leave alone satisfied in this case. A similar order came to be challenged by the Revenue for prior Assessment Year in Income Tax Appeal No.2253 of 2009. The Division Bench of this Court dismissed that Appeal on 5 January 2010. Following that order and finding that there is no substantial question of law arising from the order of deletion of penalty, that this Appeal fails and it is dismissed. 4.By consent of parties, two other Appeals, being Income Tax Appeal No.2217 of 2013 and Income Tax Appeal No.5 of 2014, raising the same question are also taken up for admission on today's Daily Board and are disposed of by this order. (A.A. SAYED, J.) (S.C.DHARMADHIKARI,J.)