In The Commissioner Of Income Tax v. M/S. Jaipur Metals & Electricals Ltd., Jaipur, the High Court (2016) decided the matter.
Decision: In view of the fact that original addition is not survived in the substantive appeal, penalty will not survive, therefore, thereference is accordingly disposed of.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR.
DB Income Tax Reference Application No.26/2004
The Commissioner of Income Tax
Versus
M/s. Jaipur Metals & Electricals Ltd., Jaipur.
DATE OF ORDER ::: 26.10.2016.HON'BLE MR. JUSTICE K.S. JHAVERIHON'BLE MR. JUSTICE MAHENDRA MAHESHWARI
Mr. Anurup Singhi, for the appellant.
In view of the fact that original addition is not survived in
the substantive appeal, penalty will not survive, therefore, thereference is accordingly disposed of.
(MAHENDRA MAHESHWARI), J. (K.S. JHAVERI), J.
Asheesh Kr. Yadav25
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