Pr. Commissioner Of Income Tax-4 v. M/S. Yes Power And Infrastructure P. Ltd

Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1020 OF 2015 Pr. Commissioner of Income Tax-4 …Appellant Versus M/s. Yes Power and Infrastructure P. Ltd. …Respondent ---------- Mr. Suresh Kumar, for the Appellant. Mr. Sameer Dalal, for the Respondent. ---------- CORAM :M.S. SANKLECHA &RIYAZ I. CHAGLA, JJ. DATE : 20 February 2018 ORDER : 1.This Appeal under Section 260A of the Income TaxAct, 1961 (“The Act” for short), challenges the order dated 2March 2015 passed by the Income Tax Appellate Tribunal (“The 1/3 22-2-ITXA-1020-15.doc Tribunal” for short). The impugned order dated 2 March 2015is in respect of Assessment Year 2005-06. 2.The Revenue urges the following question of law forour consideration:- Whether on the facts and in the circumstances ofthe case and in law, the Tribunal was justified indeleting penalty levied under Section 271(1)(c) ofthe Act? 3.The impugned order of the Tribunal allowed theRespondent-Assessee's Appeal against imposition of penalty byholding that in case of quantum proceedings, the Appeal of theRespondent-Assessee has been allowed. Thus, the veryfoundation of the penalty proceedings have been set aside theoccasion to levy penalty does not arise. 4.We have dismissed today the Revenues's Appealbeing Income Tax Appeal No. 813 of 2015 against the order of 2/3 22-2-ITXA-1020-15.doc the Tribunal dated 17 December 2014 in the quantumproceedings for the subject assessment year 2005-06. 5.In the above view, the present Appeal of theRevenue against deletion of penalty would also not survive.Therefore, the question as proposed does not give rise to anysubstantial question of law. Thus, not entertained. 6.Accordingly, the Appeal is dismissed, with no orderas to costs. [RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 3/3