Principal Commissioner Of Income Tax 4 v. Torrent Pvt. Ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 279 of 2019 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE J.B.PARDIWALA andHONOURABLE MR.JUSTICE A.C. RAO ========================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ?2 To be referred to the Reporter or not ?3 Whether their Lordships wish to see the fair copy of the judgment ?4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX 4 Versus TORRENT PVT. LTD. ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALAand HONOURABLE MR.JUSTICE A.C. RAO Date : 15/07/2019ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) This Tax Appeal under Section 260A of the Income Tax Act, 1961, is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmedabad 'C' Bench, Ahmedabad, in the ITA No.563/Ahd/2017 for the A.Y.2003-04 dated 29/11/2018 2.The Revenue has proposed the following question of law :- "Whether the Appellate Tribunal has erred in law and on facts in upholding the decision of CIT(A) deleting the penalty of Rs 4,84,75,000/- levied under section 271(1)(c) of the Act ?" 3.The Tribunal took notice of the fact that the contempt proceedings came to be dropped by the ITAT in the ITA No. 1163/Ahd/2014 vide order dated 13.4.2018. Having regard to the fact that the ITAT had given relief to the assessee herein in the contempt proceedings, the Tribunal thought fit to delete the penalty. 4. It was further brought to our notice that the order passed by the Appellate Tribunal so far as the contempt proceedings is concerned, was a subject matter of challenge at the instance of the Revenue before this Court in the Tax Appeal No. 1225/2018 preferred by the Revenue. The Tax Appeal No. 1225/2018 was ordered to be dismissed. 5.In view of the aforesaid, this Appeal fails and is hereby dismissed. (J. B. PARDIWALA, J) (A. C. RAO, J)