M/S Manohar Infrastructure v. Rajesh Bindal J

ITA No.314 of 2017 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.314 of 2017 (O&M)Date of Decision.07.09.2018 Pr. Commissioner of Income Tax (Central), Gurgaon ...Appellant M/s Manohar Infrastructure Vs ...Respondents CORAM:HON'BLE MR. JUSTICE RAJESH BINDALHON'BLE MR. JUSTICE AMIT RAWAL Present:Mr. Rajesh Sethi, Senior Standing Counsel Ms. Varinder Kaur Waraich, Advocate & Mr. Tushar Gera, Advocate for the appellant. Mr. Akshay Bhan, Senior Advocate with Mr. Amandeep Singh Talwar, Advocate for the respondent. -.- RAJESH BINDAL J. The revenue is in appeal against the order passed by theIncome Tax Appellate Tribunal, Chandigarh Bench, Chandigarh inITA No.729/CHD/2016 dated 09.11.2016 for the assessment year2011-12, raising the following substantial questions of law. “1. Whether on the facts and circumstances of the casein law, the ITAT has erred in deleting the penaltyimposed u/s 271AAA of the Income Tax Act, 1961despite the factual decision of the Assessing Officerthat the assessee has failed to substantiate theprovisions of section 271AAA by not satisfying theconditions laid therein? 2.Whether the findings have been recorded by ITATon misreading and misrepresentation of facts andevidence emanating on record?on misreading and misrepresentation of facts andevidence emanating on record? -2- 3.Whether the ITAT did not commit grave error inarriving at such conclusion after adopting erroneouscriteria and by importing such facts andcircumstances which are contrary to record?” Learned counsel for the appellant-revenue states thatsince the tax effect involved is ` 24,05,192/-, he has instructions towithdraw the present appeal in view of Circular No.03/2018 dated11.07.2018 issued by the Central Board of Direct Taxes, New Delhi.However, he has prayed that liberty to be granted to the revenue tofile an application for revival of the appeal in case somethingsurvives therein. Dismissed as withdrawn with liberty as prayed for. It is,however, clarified that withdrawal of the appeal by the revenue shallnot be taken to be affirmation of order of the Tribunal on merits.Further, the legal issue as claimed by the revenue is being left open tobe adjudicated in an appropriate case. (RAJESH BINDAL) JUDGE September 07, 2018Pankaj* (AMIT RAWAL) JUDGE Whether speaking/reasoned Whether reportable Yes/NoYes/No