Sarosh Yazdani, Bhubaneswar vs. DCIT, Circle-2(1), Bhubaneswar
In the result, all the appeals of the assessee stand allowed
ITA 214/CTK/2020[2008-09]Status: HeardITAT Cuttack03 Nov 2022AY 2008-09
Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiait(Ss)A No A No.53/Ctk/2013: Assessment Year Assessment Years :2004-05 It(Ss)A No A No.54/Ctk/2013: Assessment Year Assessment Years :2005-06 It(Ss)A No A No.55/Ctk/2013: Assessment Year Assessment Years :2007-08 It(Ss)A No A No.67/Ctk/2013: Assessment Year Assessment Years :2006-07 It(Ss)A No A No.68/Ctk/2013: Assessment Year Assessment Years :2008-09
For Appellant: Shri Sunil Mishra, ARFor Respondent: Shri M.K.Gautam, CIT
Section 132Section 139(1)Section 144
…not at all justified in cancelling the penalty levied under the Explanation to section 271(l)(c) of the Income- tax Act. In view of the above finding, question No. 2 need not be answered". The Hon'ble Madras High Court in the case of CIT vs. S. Krishnaswamy (219 ITR 607 holding the same view observed as under: " We have considered the rival submissions on the above aspect. Taking into account the facts found as well as the legal position, we have necessarily to accept the argument of learned counsel for the Revenue and reject that of learned counsel for the assessee. First of all, it is clear to us that this is…