MALPE VISHWANATH ACHARYA AND OTHERS v. STATE OF MAHARASHTRA AND ANOTHER. 365 32

9 SCC 1Supreme Court of India2018#121 most cited
532

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2006 to 2026.

Sections most often in play

Section 143(3)Section 250Section 144Section 37(1)Section 133(6)Section 201Section 201(1A)Section 44AB

Issues it is cited on

section 264asection 44aasection 264section 192section 17section 251(1)section 251(1)(a)assessee in defaultsection 201(1)section 251section 201section 44ab

Judgments citing MALPE VISHWANATH ACHARYA AND OTHERS v. STATE OF MAHARASHTRA AND ANOTHER. 365 32

Vodafone Idea Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-14(2), Hyderabad

In the result, the appeals and cross objections of the assessee for the Asst Years 2002-03 and 2003-04 are allowed and appeals of the revenue are dismissed

ITA 1914/HYD/2019[2005-09]Status: DisposedITAT Hyderabad05 May 2022AY 2005-09

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahu

For Appellant: Shri Ronak DoshiFor Respondent: Shri Rajendra Kumar(CIT-DR)
Section 133ASection 194HSection 194JSection 201(1)Section 9

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A”: HYDERABAD BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA Nos. 1913, 1914, 1915, 1916, 1917, 1918 & 1919/Hyd/2019 A.Ys.: 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 & 2010-11 Vodafone Idea Ltd., Vs. Dy. Commissioner of Hyderabad. Income-tax, Circle – 14(2), PAN – AAACB 2100P Hyderabad. Assessee by: Shri Ronak Doshi Revenue by: Shri Rajendra Kumar(CIT-DR) Date of hearing: 25/04/2022 Date of pronouncement: 05/05/2022 O R D E R PER BENCH.: All these appeals of the Assessee are directed against the CIT(A…

Vodafone Idea Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-14(2), Hyderabad

In the result, the appeals and cross objections of the assessee for the Asst Years 2002-03 and 2003-04 are allowed and appeals of the revenue are dismissed

ITA 1913/HYD/2019[2004-05]Status: DisposedITAT Hyderabad05 May 2022AY 2004-05

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahu

For Appellant: Shri Ronak DoshiFor Respondent: Shri Rajendra Kumar(CIT-DR)
Section 133ASection 194HSection 194JSection 201(1)Section 9

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A”: HYDERABAD BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA Nos. 1913, 1914, 1915, 1916, 1917, 1918 & 1919/Hyd/2019 A.Ys.: 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 & 2010-11 Vodafone Idea Ltd., Vs. Dy. Commissioner of Hyderabad. Income-tax, Circle – 14(2), PAN – AAACB 2100P Hyderabad. Assessee by: Shri Ronak Doshi Revenue by: Shri Rajendra Kumar(CIT-DR) Date of hearing: 25/04/2022 Date of pronouncement: 05/05/2022 O R D E R PER BENCH.: All these appeals of the Assessee are directed against the CIT(A…

M.W.S. & Co., Bhadohi vs. Dy. C.I.T., Range - 1, Varanasi

In the result, both the appeals are allowed

ITA 25/VNS/2021[2019-2020]Status: DisposedITAT Varanasi19 Apr 2022AY 2019-2020

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 & Assessment Year: 2019-20 M.W.S. & Co., Naya Bazar V. Dy. Commissioner Of Income Tax, Road, Bhadohi-221401, Uttar Central Processing Centre (Cpc), Pradesh, India Bengaluru [Jurisdictional Assessing Pan-Aaffm2003E Officer Being Dy./Assistant Commissioner Of Income Tax, Range-1, Varanasi, U.P. (Appellant) (Respondent)

For Appellant: Sh. Ashish Bansal, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 139(1)Section 143(1)Section 36(1)Section 36(1)(va)Section 43Section 43B

…f the statute. There is no equity in tax laws and exemption/deduction provisions are to be strictly construed. The decision of Constitution Bench of Hon'ble Supreme Court in the case of Commissioner of Customs (Imports) v. Dilip Kumar & Co. reported in (2018) 9 SCC 1 and decision of Hon'ble Supreme Court in the case of Ramnath & Co. v. CIT reported in (2020) 116 taxmann.com 885(SC)(refer para 17 to 20) are relevant . Admittedly , in the instant case the aforesaid sum of Rs. 6,31,788/- being employee contribution towards PF was not deposited by assessee to the credit of employees with PF Funds within due date pres…

M.W.S. & Co., Bhadohi vs. Dy. C.I.T., Range - 1, Varanasi

In the result, both the appeals are allowed

ITA 24/VNS/2021[2018-2019]Status: DisposedITAT Varanasi19 Apr 2022AY 2018-2019

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 & Assessment Year: 2019-20 M.W.S. & Co., Naya Bazar V. Dy. Commissioner Of Income Tax, Road, Bhadohi-221401, Uttar Central Processing Centre (Cpc), Pradesh, India Bengaluru [Jurisdictional Assessing Pan-Aaffm2003E Officer Being Dy./Assistant Commissioner Of Income Tax, Range-1, Varanasi, U.P. (Appellant) (Respondent)

For Appellant: Sh. Ashish Bansal, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 139(1)Section 143(1)Section 36(1)Section 36(1)(va)Section 43Section 43B

…f the statute. There is no equity in tax laws and exemption/deduction provisions are to be strictly construed. The decision of Constitution Bench of Hon'ble Supreme Court in the case of Commissioner of Customs (Imports) v. Dilip Kumar & Co. reported in (2018) 9 SCC 1 and decision of Hon'ble Supreme Court in the case of Ramnath & Co. v. CIT reported in (2020) 116 taxmann.com 885(SC)(refer para 17 to 20) are relevant . Admittedly , in the instant case the aforesaid sum of Rs. 6,31,788/- being employee contribution towards PF was not deposited by assessee to the credit of employees with PF Funds within due date pres…

Highgrace Investments P. Ltd., Hyd, Hyderabad vs. ACIT, Central Circle-8, Hyd, Hyderabad

Appeals are allowed in above terms

ITA 635/HYD/2015[2008-09]Status: DisposedITAT Hyderabad13 Apr 2022AY 2008-09

Bench: Shri S.S. Godara & Shri L. P. Sahu

For Respondent: Shri T. Sunil Goutam. (D.R.)
Section 143(3)Section 37(1)Section 40A(2)(a)

…ervices at all. And also that the payee M/s. SRSR (supra) does not come under section the specified categories of relatives either in sectin 40A(2)(b) or u/s.2(41) of the Act. Hon’ble supreme court’s recent landmark decision in CCE Vs. Dilip Kumar CO. (2018) 9 SCC 1 (SC) has settled the law that relevant provisions in the Act have to be strictly construed only. We accordingly delete the impugned section 40A(2)(b) disallowance in all the instant six appeals. Ordered accordingly. No other ground has been pressed before us. 9. These three assessee's six appeals are allowed in above terms. A copy of this common o…

Highgrace Investments P. Ltd., Hyd, Hyderabad vs. ACIT, Central Circle-8, Hyd, Hyderabad

Appeals are allowed in above terms

ITA 634/HYD/2015[2007-08]Status: DisposedITAT Hyderabad13 Apr 2022AY 2007-08

Bench: Shri S.S. Godara & Shri L. P. Sahu

For Respondent: Shri T. Sunil Goutam. (D.R.)
Section 143(3)Section 37(1)Section 40A(2)(a)

…ervices at all. And also that the payee M/s. SRSR (supra) does not come under section the specified categories of relatives either in sectin 40A(2)(b) or u/s.2(41) of the Act. Hon’ble supreme court’s recent landmark decision in CCE Vs. Dilip Kumar CO. (2018) 9 SCC 1 (SC) has settled the law that relevant provisions in the Act have to be strictly construed only. We accordingly delete the impugned section 40A(2)(b) disallowance in all the instant six appeals. Ordered accordingly. No other ground has been pressed before us. 9. These three assessee's six appeals are allowed in above terms. A copy of this common o…

Elem Investments P. Ltd., Hyd, Hyderabad vs. ACIT, Central Circle-8, Hyd, Hyderabad

Appeals are allowed in above terms

ITA 624/HYD/2015[2007-08]Status: DisposedITAT Hyderabad13 Apr 2022AY 2007-08

Bench: Shri S.S. Godara & Shri L. P. Sahu

For Respondent: Shri T. Sunil Goutam. (D.R.)
Section 143(3)Section 37(1)Section 40A(2)(a)

…ervices at all. And also that the payee M/s. SRSR (supra) does not come under section the specified categories of relatives either in sectin 40A(2)(b) or u/s.2(41) of the Act. Hon’ble supreme court’s recent landmark decision in CCE Vs. Dilip Kumar CO. (2018) 9 SCC 1 (SC) has settled the law that relevant provisions in the Act have to be strictly construed only. We accordingly delete the impugned section 40A(2)(b) disallowance in all the instant six appeals. Ordered accordingly. No other ground has been pressed before us. 9. These three assessee's six appeals are allowed in above terms. A copy of this common o…

Principal Commissioner of Income Tax-4, Kolkata vs. M/S. Tcg Lifesciences Ltd

ITAT/10/2020HC Calcutta08 Apr 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…and to support such contention, reliance was placed on the decision of the Hon’ble Supreme court in Kanachur Islamic Education Trust (R) Versus Union of India (UOI) and Others 48. 47 (2020) 9 SCC 1 48 (2017) 15 SCC 702 (APO NOS. 89, 90, 91, 92, 94, 95, 96 AND 98 OF 2020) REPORTABLE Page 126 of 300 47. Mr. Shyam Divan, learned Senior Advocate appearing for the appellant in APO No. 95 of 2020, Birla Corporation Limited submitted that the company is a public limited company, it is listed in BSE and NSE and…

Principal Commissioner of Income Tax (Central-1), Kolkata vs. M/S. Rungta Mines Ltd

ITA/13/2020HC Calcutta08 Apr 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…and to support such contention, reliance was placed on the decision of the Hon’ble Supreme court in Kanachur Islamic Education Trust (R) Versus Union of India (UOI) and Others 48. 47 (2020) 9 SCC 1 48 (2017) 15 SCC 702 (APO NOS. 89, 90, 91, 92, 94, 95, 96 AND 98 OF 2020) REPORTABLE Page 126 of 300 47. Mr. Shyam Divan, learned Senior Advocate appearing for the appellant in APO No. 95 of 2020, Birla Corporation Limited submitted that the company is a public limited company, it is listed in BSE and NSE and…

M/S. Sheo Shakti Coke Industries vs. Assistant Commissioner of Income Tax Circle - 37, Kolkata

In the result, the writ petition is dismissed

ITAT/1/2022HC Calcutta08 Apr 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 33A

…d was considered in Patina Gold Ornaments and the decision has been rendered in favour of the dealer. It is further submitted that the decision in 12 1969 (2) SCC 746 13 (2017) 12 SCC 1 14 (2018) 9 SCC 1 WPTT NO. 01 OF 2022 REPORTABLE Page 9 of 18 Dilip Kumar will not apply to the facts of the case on hand as it pertains to entitlement of general exemption and not deduction from turnover of s…

Smt. S.M.Shoba, Bengaluru vs. Income Tax Officer, Ward - 7(2)(1), Bangalore

In the result, the appeal filed by assessee stands allowed

ITA 1955/BANG/2019[2016-17]Status: DisposedITAT Bangalore30 Mar 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2016-17 Smt. S.M. Shoba, No. 1489, First Floor, The Income Tax 40Th Cross, 4Th T Block, Officer, Jayanagar, Ward 7 (2)(1), Bangalore – 560 041. Bangalore. Vs. Pan: Cxkps1454H Appellant Respondent Assessee By : Shri Ramasubramanian, Ca : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 09-02-2022 Date Of Pronouncement : 30-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against The Order Dated 05.07.2019 Passed By The Ld.Cit(A)-7, Bangalore For Assessment Year 2016-17 On Following Grounds Of Appeal. “1. That The Order Of The Learned Commissioner Of Income- Tax (Appeals) In So Far It Is Prejudicial To The Interests Of The Appellant Is Bad & Erroneous In Law & Against The Facts & Circumstances Of The Case. 2. That The Learned Commissioner Of Income-Tax (Appeals) Erred In Law & On Facts In Denying The Cost Of The Land For Claiming Exemption U/S. 54F Of The Act On The Ground That Such Land Was Purchased Four Years Prior To The Date Of Sale Of Original Asset. 3. That The Learned Commissioner Of Income Tax (Appeals) Erred In Law & On Facts In Making An Enhancing The Assessment By Making A Of Disallowance From Rs.

For Appellant: Shri Ramasubramanian, CA
Section 54F

…is very clear and that this being a benefit given to the assessee, it requires a strict interpretation. In this regard, she has referred to the decision in the case of Commissioner of Customs (Import), Mumbai Vs. Dilip Kumar & Co. and Ors [reported in (2018) 9 SCC 1] The Hon'ble First Bench considered the said argument in the said judgment and held in favour of the assessee. The relevant portions of the decision of the Hon'ble First Bench of this Court in the case of C.Aryama Sundaram are as hereunder : "14. Under Section 54(1) of the said Act, the capital gain arising from transfer of a residential house is not…

Ratna Infrastructure Projects Pvt.Ltd., Hyd, Hyderabad vs. DCIT, Central Circle-3, Hyd, Hyderabad

ITA 731/HYD/2016[2012-13]Status: DisposedITAT Hyderabad29 Mar 2022AY 2012-13

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri Mohd. Afzal, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132(4)Section 143(3)Section 40A(3)

…ction 40A(3) that it is attracted only when an assessee incurs “any expenditure in respect of which a payment of aggregate of payments ……..in a day”. We also quote hon'ble apex court’s recent landmark decision in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) that provisions in the Act have to be strictly construed only. We accordingly uphold the CIT(A)’s findings deleting Section 40A(3) disallowance. 8. Next comes the latter issue of undisclosed income addition based on the assessee’s search statement. We have already noted it in the preceding paragraphs that the Assessing Officer had only made…

Ratna Infrastructure Projects Pvt.Ltd., Hyd, Hyderabad vs. DCIT, Central Circle-3, Hyd, Hyderabad

ITA 730/HYD/2016[2011-12]Status: DisposedITAT Hyderabad29 Mar 2022AY 2011-12

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri Mohd. Afzal, ARFor Respondent: Shri Y.V.S.T.Sai, CIT-DR
Section 132(4)Section 143(3)Section 40A(3)

…ction 40A(3) that it is attracted only when an assessee incurs “any expenditure in respect of which a payment of aggregate of payments ……..in a day”. We also quote hon'ble apex court’s recent landmark decision in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) that provisions in the Act have to be strictly construed only. We accordingly uphold the CIT(A)’s findings deleting Section 40A(3) disallowance. 8. Next comes the latter issue of undisclosed income addition based on the assessee’s search statement. We have already noted it in the preceding paragraphs that the Assessing Officer had only made…

Asst. Commissioner of Income Tax, Central Circle-3(1), Hyderabad vs. Preetha Priyadharshini Lam, Secunderabad

Appeals are dismissed in above terms

ITA 495/HYD/2020[2009-10]Status: DisposedITAT Hyderabad21 Mar 2022AY 2009-10

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri P.Murali Mohan Rao, ARFor Respondent: Shri Solgy Kottaram, CIT-DR
Section 143(3)Section 153C

…valid satisfaction so as to validly trigger Section 153C mechanism in motion. We thus uphold the Ld.CIT(A)’s twin orders under challenge on the very analogy going by stricter interpretation principle in light of Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC). The Revenue fails in both the instant appeals therefore. 5. These twin Revenue’s appeals are dismissed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 21st March, 2022 ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER Hyderabad, Dated: 21-03-2022 TNMM :- 4 -: ITA Nos.490 & 4…

Asst. Commissioner of Income Tax, Central Circle-3(1), Hyderabad vs. Mahita Prasad Caddel, Hyderabad

Appeals are dismissed in above terms

ITA 490/HYD/2020[2006-07]Status: DisposedITAT Hyderabad21 Mar 2022AY 2006-07

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri P.Murali Mohan Rao, ARFor Respondent: Shri Solgy Kottaram, CIT-DR
Section 143(3)Section 153C

…valid satisfaction so as to validly trigger Section 153C mechanism in motion. We thus uphold the Ld.CIT(A)’s twin orders under challenge on the very analogy going by stricter interpretation principle in light of Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC). The Revenue fails in both the instant appeals therefore. 5. These twin Revenue’s appeals are dismissed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 21st March, 2022 ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER Hyderabad, Dated: 21-03-2022 TNMM :- 4 -: ITA Nos.490 & 4…

Principal Commissioner of Income Tax-2, Kolkata vs. M/S the Calcutta Tramways Company (1978) Ltd

ITAT/20/2020HC Calcutta04 Mar 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…and to support such contention, reliance was placed on the decision of the Hon’ble Supreme court in Kanachur Islamic Education Trust (R) Versus Union of India (UOI) and Others 48. 47 (2020) 9 SCC 1 48 (2017) 15 SCC 702 (APO NOS. 89, 90, 91, 92, 94, 95, 96 AND 98 OF 2020) REPORTABLE Page 126 of 300 47. Mr. Shyam Divan, learned Senior Advocate appearing for the appellant in APO No. 95 of 2020, Birla Corporation Limited submitted that the company is a public limited company, it is listed in BSE and NSE and…

Amd Research & Development Center India Private Limited(Now Known As Amd India Private Limited), Bangalore vs. Jt. Commissioner of Income Tax, (International Taxation), Hyderabad

Appeals are allowed in above terms

ITA 66/HYD/2018[2010-11]Status: DisposedITAT Hyderabad04 Mar 2022AY 2010-11

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

For Appellant: Sri H. Srinivasulu, AdvocateFor Respondent: Sri T. Sunil Goutam,DR
Section 201(1)Section 246Section 246ASection 253Section 271CSection 275Section 275(1)(a)

…y any dispute that we are dealing with penalty provision in a fiscal statute herein which deserves to be put to strict interpretation only in light of the Hon'ble Apex Court recent landmark judgment in Commnr. Of Customs vs M/S. Dilip Kumar And Company (2018) 9 SCC 1 (S.C)(FB). 3. We now advert to basic relevant facts qua the instant legal issue. It is an admitted fact that this tribunal coordinate bench common order in assessee’s appeals ITA Nos.692 to 695/Hyd/2014 dated 22.10.2014 had partly affirmed the learned lower authorities action holding the assessee to be an assessee in default in section 201(1) and 20…

Amd Research & Development Center India Private Limited(Now Known As Amd India Private Limited), Bangalore vs. Jt. Commissioner of Income Tax, (International Taxation), Hyderabad

Appeals are allowed in above terms

ITA 65/HYD/2018[20009-10]Status: DisposedITAT Hyderabad04 Mar 2022

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

For Appellant: Sri H. Srinivasulu, AdvocateFor Respondent: Sri T. Sunil Goutam,DR
Section 201(1)Section 246Section 246ASection 253Section 271CSection 275Section 275(1)(a)

…y any dispute that we are dealing with penalty provision in a fiscal statute herein which deserves to be put to strict interpretation only in light of the Hon'ble Apex Court recent landmark judgment in Commnr. Of Customs vs M/S. Dilip Kumar And Company (2018) 9 SCC 1 (S.C)(FB). 3. We now advert to basic relevant facts qua the instant legal issue. It is an admitted fact that this tribunal coordinate bench common order in assessee’s appeals ITA Nos.692 to 695/Hyd/2014 dated 22.10.2014 had partly affirmed the learned lower authorities action holding the assessee to be an assessee in default in section 201(1) and 20…

Amd Research & Development Center India Private Limited(Now Known As Amd India Private Limited), Bangalore vs. Jt. Commissioner of Income Tax, (International Taxation), Hyderabad

Appeals are allowed in above terms

ITA 64/HYD/2018[2008-09]Status: DisposedITAT Hyderabad04 Mar 2022AY 2008-09

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

For Appellant: Sri H. Srinivasulu, AdvocateFor Respondent: Sri T. Sunil Goutam,DR
Section 201(1)Section 246Section 246ASection 253Section 271CSection 275Section 275(1)(a)

…y any dispute that we are dealing with penalty provision in a fiscal statute herein which deserves to be put to strict interpretation only in light of the Hon'ble Apex Court recent landmark judgment in Commnr. Of Customs vs M/S. Dilip Kumar And Company (2018) 9 SCC 1 (S.C)(FB). 3. We now advert to basic relevant facts qua the instant legal issue. It is an admitted fact that this tribunal coordinate bench common order in assessee’s appeals ITA Nos.692 to 695/Hyd/2014 dated 22.10.2014 had partly affirmed the learned lower authorities action holding the assessee to be an assessee in default in section 201(1) and 20…

Amd Research & Development Center India Private Limited(Now Known As Amd India Private Limited), Bangalore vs. Jt. Commissioner of Income Tax, (International Taxation), Hyderabad

Appeals are allowed in above terms

ITA 63/HYD/2018[2007-08]Status: DisposedITAT Hyderabad04 Mar 2022AY 2007-08

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

For Appellant: Sri H. Srinivasulu, AdvocateFor Respondent: Sri T. Sunil Goutam,DR
Section 201(1)Section 246Section 246ASection 253Section 271CSection 275Section 275(1)(a)

…y any dispute that we are dealing with penalty provision in a fiscal statute herein which deserves to be put to strict interpretation only in light of the Hon'ble Apex Court recent landmark judgment in Commnr. Of Customs vs M/S. Dilip Kumar And Company (2018) 9 SCC 1 (S.C)(FB). 3. We now advert to basic relevant facts qua the instant legal issue. It is an admitted fact that this tribunal coordinate bench common order in assessee’s appeals ITA Nos.692 to 695/Hyd/2014 dated 22.10.2014 had partly affirmed the learned lower authorities action holding the assessee to be an assessee in default in section 201(1) and 20…