MANOJ KUMAR SHARMA,JAIPUR vs. PCIT(CENTRAL), JAIPUR
In the result appeal of the assessee in the ITA No
ITA 283/JPR/2022[2015-16]Status: DisposedITAT Jaipur25 Nov 2022AY 2015-16
For Appellant: ShriMahendraGargieya (Adv.)&For Respondent: ShriJames Kurian (CIT)
Section 143(3)Section 263
…d decision is not applicable. 11.5 Debatable Issue In any case, alternatively, the issue involved may be highly debatable and therefore the view favorable to the assessee must be adopted as the law is well settled. In the case of CIT V Vegetable Product(1973) 488 ITR 192 (SC). 12. Lastly, we strongly rely our written submissions filed before the ld. PCIT. Non-initiation of penalty proceedings itself shows that the AO was of the view that it is not a fit case for initiation of penalty and hence he did not initiate the penalty. Thus, non-initiation of penalty proceedings ipso facto would not lead to a conclusion th…