Jyoti v. Jani

C/TAXAP/70/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 70 of 2018 ==========================================================PRINCIPAL COMMISSIONER OF INCOME TAX - 1VersusBIOTECH VISIONCARE P. LTD. ==========================================================Appearance: MRS MAUNA M BHATT for the PETITIONER(s) No. 1========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHIandHONOURABLE MR.JUSTICE B.N. KARIA Date : 28/02/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue is in appeal against the judgement of the Income Tax Appellate Tribunal dated 07.04.2017 raising following question for our consideration:Appellate Tribunal dated 07.04.2017 raising following question for our consideration: “Whether the Appellate Tribunal has erred in law and on facts by deleting the penalty u/s 271(1)(c) of the Act against the deduction u/s. 80IB and late payment of Employees' contribution to PF?” 2. The issue pertains to penalty imposed by the Assessing Officer under section 271(1)(c) of the Income Tax Act which came to be deleted by the CIT(Appeals) which order was confirmed by the Tribunal. The Tribunal proceeded on the footing that the quantum additions were deleted. Had this been the only ground cited by the Tribunal we would have examined the issue further since we are informed that against the quantum under section 271(1)(c) of the Income Tax Act which came to be deleted by the CIT(Appeals) which order was confirmed by the Tribunal. The Tribunal proceeded on the footing that the quantum additions were deleted. Had this been the only ground cited by the Tribunal we would have examined the issue further since we are informed that against the quantum additions the Revenue is in appeal and such appeal is admitted by the High Court. However, we notice that the Tribunal also considered the permissibility of imposing penalty even if the additions are sustained. In other words, the Tribunal cited additional reason that the assessee had not concealed any particulars of income and all particulars are provided. 3. No question of law arises. Tax Appeal is dismissed. (AKIL KURESHI, J.) (B.N. KARIA, J.) JYOTI V. JANI