M. Suresh Company Pvt Ltd v. Pr. Commissioner Of Income Tax -5

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. NOTICE OF MOTION NO. 84 OF 2019 ININCOME TAX APPEAL NO. 738 OF 2016 M. Suresh Company Pvt Ltd.. Applicant In the Matter Between:- M. Suresh Company Pvt Ltd .. Appellant Vs Pr. Commissioner of Income Tax -5.. Respondent ................... Mr. V. Sridharan, Sr. Counsel a/w Mr. B.V. Jhaveri for the Applicant/ AppellantMr. V. Sridharan, Sr. Counsel a/w Mr. B.V. Jhaveri for the Applicant/ Appellant Mr. N.C. Mohanty for the RespondentMr. N.C. Mohanty for the Respondent ................... CORAM : AKIL KURESHI & M.S. SANKLECHA, JJ. DATE : JANUARY 25, 2019. P.C.: 1.This Motion is taken by the appellant assessee inIncome Tax Appeal No. 738 of 2016. The appeal arises out ofa judgment of the Income Tax Appellate Tribunal confirmingpenalty against the assessee under Section 271(1)(c) of theIncome Tax Act, 1961. The appeal is admitted. Substantialquestion of law is also framed. Pending such appeal, theCompetent Authority has issued a show cause notice to the appellant why the prosecution should not be launched pursuant to such penalty order. 2.We are informed that the appellant has paid up theentire penalty in terms of the penalty order. Consideringsuch fact and also considering the fact that the appealagainst the penalty is admitted and the substantial questionof law framed by the Court is pending for consideration, westay the operation of the penalty order. We notice thatsimilar modality was adopted by this Court in order dated21.8.2017 passed in Income Tax Appeal No. 785 of 2017.Resultantly, at this stage, there would no question oflaunching prosecution. With these directions, Motion isdisposed of. [ M.S. SANKLECHA, J. ] [ AKIL KURESHI, J ]