The Principal Commissioner Of Income Tax-2, Chandigarh v. Harish Goyal

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITA1102015 (O&M)Date of decision:25.05.2015 The Principal Commissioner of Income Tax-2, Chandigarh| ..Appellant Versus Harish Goyal ...Respondent CORAMHONBLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICEHON5BLE MR. JUSTICE G.S. SAANDHAWALI Present: Ms. Urvashi Dhugga, Advocate, for the appellant. ee S.J. VAZIFDAR, A.C.J. (QRAL) This is an appeal against the order of the Tribunal dated17.10.2014 upholding the decision of the CIT (Appeals) setting aside thepenalty levied by the Assessing Officer. © oOWe must proceed on the basis that the respondent/assesseewrongly claimed rebate under Section 88 E of the Income Tax Act, 1961 inrespect of the assessment year 2007-2008. The respondent added the incomefrom the share trading in his other total income and claimed the benefit ofrebate to the extent of the security transaction tax. 3We see no reason to interfere with the concurrent findings of theCIT (Appeals) and the Tribunal that the erroneous claim was on account ofthe return filed on behalf of the respondent by his consultant. They havedecided not to visit the assessee with the drastic consequences of a penaltyon account of the accountant’s default. In these circumstances, no questionof law arises. 4AThe appeal is, therefore, dismissed. © (S.J. VAZIFDAR)ACTING CHIEF JUSTICE(G.S. SANDHAWALIA) |JUDGE 25.05.2015Amodh