M/S Asian Consolidated Industries Ltd v. Assistant Commissioner Of Income Tax, New Delhi And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT|CHANDIGARH CWPs63836382639863972015 (O&M)Date of decision:30.07.2015 M/s Asian Consolidated Industries Ltd. _. Petitioner| Versus Assistant Commissioner of Income Tax, New Delhi and another. ...Respondents CORAMHONBLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICEHON5BLE MR. JUSTICE G.S. SAANDHAWALI Present:Mr. Anand Chibbar, Senior Advocate, © with Ms. Riya Bansal, Advocate, — for the petitioner. Mr. Saurabh Dalal, Advocate, |and Mr. Rohit Madan, Advocate, for the respondents. 7 S.J. VAZIFDAR, A.C.J. (ORAL) The petitioner has challenged the order(s) of the Income TaxAppellate Tribunal dismissing its appeal(s) against the penalty proceedingson the ground of delay. oOIn effect, therefore, the petitioner’s grievance is with respect to thepenalty proceedings. The grievance stands redressed in any event in view ofthe fact that the quantum proceedings have been decided in favour of thepetitioner/assessee. There is no question, therefore, of the penaltyproceedings under Section 271 of the Income Tax Act, 1961 surviving. 3The writ petitions are accordingly disposed of with the clarificationthat the petitioner’s grievance stands redressed and the penalty proceedingsdo not survive. In view thereof, no further orders are necessary in these writpetitions. 4The objection to these petitions on the ground of delay is,therefore, not sustainable. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE (G.S. SANDHAWALITA) JUDGE