M/S Accent For Living, G.t. Road, Panipat v. Assistant Commissioner For Income Tax, Panipat Circle, Panipat

CHANDIGARH C.W.P. No. 2786 of 2009 DATE OF DECISION: March 10, 2009 M/s Accent for Living, G.T. Road, Panipat …Petitioner Versus Assistant Commissioner for Income Tax, Panipat Circle, Panipat …Respondent CORAM:Hon’ble Mr. Justice M.M. Kumar Hon’ble Mr. Justice Augustine George Masih Present:Mr. R.P. Sawhney, Senior Advocate, withMr. S.K. Mukhi, Advocate,for the petitioner. Mr. Sanjeev Kaushik, Senior Standing Counsel (Indirect Taxes), for the respondent. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.To be referred to the Reporters or not?3.Whether the judgment should be reported in3.Whether the judgment should be reported in the Digest? M.M. KUMAR, J. This petition filed under Article 226 of the Constitution praysfor quashing penalty order dated 22.1.2009 (P-6) passed by the respondent.The assessment order finalising the assessment in respect of assessment year2004-2005, under Section 143(3) of the Income-tax Act, 1961 (for brevity,‘the Act’) was passed on 26.12.2006. The Assistant Commissioner ofIncome-tax-respondent has imposed a penalty of Rs. 22,21,350/- underSection 271(1)(c) of the Act upon the assessee-petitioner. It is not disputed that the remedy of appeal against order dated22.1.2009 is available to the assessee-petitioner. During the course ofarguments it is conceded position that after filing of the instant petition, anappeal has, in fact, been filed. In view of the aforesaid factual position, thewrit petition is dismissed and the assessee-petitioner may pursue his remedyof appeal. (M.M. KUMAR)JUDGE March 10, 2009Pkapoor (AUGUSTINE GEORGE MASIH) JUDGE