The Commissioner Of Income Tax-4 v. M/S Beethovan Traders Pvt.ltd

vks IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.48 OF 2009 The Commissioner of Income Tax-4 ..Appellant -versus M/s Beethovan Traders Pvt.Ltd .. Respondents Mr.Vimal Gupta, for the appellantMr Ratnavani i/b Roy's Law firm for respondent. CORAM: F.I.REBELLO & R.S.MOHITE, JJ.DATED: 18[th] February,2009 P.C. 1. Revenue is in appeal on the followingquestions of law. “Whether on the facts and in thecircumstances of the case and in law and inview of the decision of Hon'ble Supreme Courtin the case of CIT I Ahmedabad vs Gold CoinHealth Food Pvt.ltd. Reported in (2008) 308,152-SC, it the decision of the Hon. Tribunalis correct in setting aside the penalty ofRs.8,70,197/-.? 2. CIT(A) on merits held in favour of the assessee. Revenue agreed to prefer an appealbefore ITAT. The learned ITAT, relying on thedecision of Supreme Court in Virtual SoftSystems Ltd vs CIT (2007) 289 ITR 83 (SC),dismissed the appeal without going into themerits of the matter. 3. Revenue is now in appeal against the saidorder of ITAT. In the meantime the judgment inVirtual Soft Systems Ltd (supra) isreconsidered by the Hon'ble Supreme Cort in CITAhmedabad vs Gold Coin Health Food P.Ltd (2008)304 ITR 308. Once that be a case the order ofITAT is set aside and the matter is remandedback to ITAT for deciding the questions beforeit on merits. Appeal disposed of accordingly. (R.S.MOHITE, J) (F.I.REBELLO, J)