KHANNA AND ANNADHANAM

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ITA - 77 / 2012HC Delhi30 January 20121 pages
For Petitioner: KAVITA JHA
AI SummaryPartly Allowed

What did the High Court hold?

The High Court admitted the appeal and framed a substantial question of law concerning the imposition of penalty under Section 271(1)(c). The court also directed the appellant to deposit the balance tax amount.

What were the facts?

The appellant's appeal regarding the quantum of income was admitted. The appellant drew attention to notes attached to the return of income.

What were the issues?

Whether the Income Tax Appellate Tribunal was justified in holding that penalty under Section 271(1)(c) should have been imposed.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 77/2012 . . . KHANNA AND ANNADHANAM ..... Appellant . Through Mr. Ajay Vohra, Ms. Kavita Jha and Mr. Somnath Shukla, Advs. . . . versus . . . CIT ..... Respondent . Through Mr. Kamal Sawhney, Adv. . . . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE R.V.EASWAR . . . O R D E R . 30.01.2012 . C.M.No.1747/2012 . . . Exemption allowed subject to all just exceptions. . . . The application is disposed of. . . . ITA 77/2012 . . . It is pointed that quantum appeal being ITA 1286/2008 was admitted . by this Court vide order dated 8th September, 2010. Learned counsel for the appellant has drawn our attention to notes, which were attached to the return of income. . Admit. . The following substantial question of law is framed:- . ?(i) Whether the Income Tax Appellate Tribunal was justified in holding that penalty under Section 271(1) (c) of the Income Tax Act, 1961 should have been imposed in the present case? . . . Filing of printed paper book is dispensed with. However, liberty is granted to the parties to file documents/material, which were filed before the authorities/tribunal within a period of 12 weeks. . List in the category of ?Regular Matters? along with ITA No. 1286/2008. Liberty is granted to the appellant to ask for early hearing of this appeal and ITA 1286/2008. . C.M.No.1748/2012 . . . We are not inclined to grant stay. . . . It is pointed out that the appellant has already deposited Rs.25 lacs and the balance amount payable is Rs.21.28 lacs. The appellant should deposit the balance amount within a period of four weeks. The deposit made, will abide by the final outcome of the appeal. . The application is accordingly disposed of. . . . . . . . SANJIV KHANNA, J. . . . . . . . R.V. EASWAR, J. . JANUARY 30, 2012 . NA . . . $ 41, 42 and 43 .

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