Principal Commissioner Of Income Tax 5 v. M/S Shyam Corporation

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 1263 of 2018 ==========================================================PRINCIPAL COMMISSIONER OF INCOME TAX 5VersusM/S SHYAM CORPORATION ========================================================== Appearance:MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHIandHONOURABLE MR.JUSTICE UMESH TRIVEDI Date : 23/10/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1.Revenue has filed this appeal challenging the judgment of Income Tax Appellate Tribunal, Ahmedabad Bench, dated 18.4.2018. Following questions have been presented for our consideration: “[A] Whether the Appellate Tribunal is correct in law and fact in upholding the decision of the CIT(A) and deleting the penalty of Rs.1,96,72,484/- levied u/s. 158BFA(2) r.w.s. 158BFA(3) of the Act on account of concealment of income? [B] Whether `ignorance of law’ can be a valid ground to hold that the assessee has not concealed the income and penalty u/s. 158BFA(2) r.w.s. 158BFA(3) of the Act is not leviable?” 2.The issue pertains to penalty imposed by the Assessing Officer under section u/s. 158BFA of the Income Tax Act, 1961. That the Tribunal deleted mainly on the ground that the quantum addition on the basis of such penalty was imposed, came to be deleted. 3.Counsel for the revenue candidly pointed out that, against the decision of the Tribunal, Tax Appeals No. 787 of 2017 and 788 of 2017 came to be dismissed by the High Court on 7.3.2018. The Tax Appeal is therefore dismissed. (AKIL KURESHI, J) syed/ (UMESH TRIVEDI, J)