T.a./62/2008 Of Commissioner Of Income Tax v. Md.sayeed

Sudhir IN THE HIGH COURT OF JHARKHAND AT RANCHI T.A. No. 62 of 2008 Commissioner of Income Tax, Central, Central Revenue Building, Beer Chand Patel Marg, Patna .. ... Appellant Vrs. Md. Sayeed ......Respondent ------ CORAM:HON’BLE THE CHIEF JUSTICEHON’BLE MRS. JUSTICE JAYA ROY ------ For the Appellant: Mr. Deepak Roshan, Sr. S.C.(IT)For the Respondents: Mr. Binod Poddar, Sr. Adv. Mr. Piyush Poddar, Adv. Ms. Amrita Sinha, Adv. th December, 2012. Dated 18 Only question raised before us by the appellant-Revenue is with respect to the challenge to the part of the order dated 31.1.2008 passed by the Income Tax Appellate Tribunal, Patna Bench, Patna by which the learned Tribunal has cancelled the penalty on Rs.4,49,600/- and confirmed the penalty on Rs.1,76,00,000/-. After going through the reasons given in the order dated 31.1.2008 passed by the learned Tribunal, we are of the considered opinion that no question of law is involved and it is a question of fact on the basis of which the penalty on income of Rs.4,49,600/- has been cancelled. Therefore, there is no merit in this appeal which is, accordingly, dismissed. (Prakash Tatia,C.J.) (Jaya Roy, J.)