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TAXAP/320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 320 of 2008
=========================================================
THE
COMMISSIONER OF INCOME TAX - II - Appellant(s)
Versus
HYTAISUM
MAGNETICS LTD - Opponent(s)
=========================================================
Appearance
:
MRS
MAUNA M BHATT for
Appellant(s) : 1,MR MANISH R BHATT for Appellant(s) : 1,
None for
Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 23/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
Heard
Mrs. Mauna Bhatt learned Standing Counsel appearing for the Revenue.
Considering
the submissions made Mrs. Mauna Bhatt and considering the judgment
of Karnataka High Court in the case of Commissioner of Income-tax and
Another Vs. Tam Tam Pedda Guruva Reddy, reported in (2006) 287 ITR 72
(Karn), we admit this appeal in terms of the following substantial
questions of law for determination and consideration of this Court:
?SWhether the Appellate
Tribunal is right in law and on facts in canceling the penalty levied
u/s 271B of the Act on the ground that the penalty order was time
barred, while, at the same time, upholding the levy of penalty on
merits ?
Notice
to other side. Paper-book be filed within three months.
(K.A.
Puj, J.)
(Bankim
N. Mehta, J.)
/JVSatwara/
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