Gujarat High Court High Court

Commissioner vs Unknown on 18 October, 2011

Gujarat High Court
Commissioner vs Unknown on 18 October, 2011
Author: Akil Kureshi, Gokani,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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TAXAP/2582/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

 


 

TAX
APPEAL No. 2582 of 2010
 

 
 
=========================================================

 

COMMISSIONER
OF INCOME TAX-II - Appellant(s)
 

Versus
 

M/S
KIRAN OIL MILL - Opponent(s)
 

=========================================================
 
Appearance
: 
Mr
MR BHATT Sr Advocate with Mrs. MAUNA M BHATT
for
Appellant 
None for
Opponent 
=========================================================
 

 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

 HONOURABLE
			MS JUSTICE SONIA GOKANI     18th October 2011
		
	

 

 ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)

Counsel for
the Revenue submitted that the order of Assessing Officer on original
assessment was subject matter of proceedings before the Tribunal. The
Tribunal’s order was passed on 6th January 2009, which was
received by the Chief Commissioner of Income Tax on 25th
February 2009. The Assessing Officer, therefore, in terms of Section
275(1) of the Act took time upto 31st August 2009 to pass
an order of penalty under Section 271 [1](c) of the Act. He,
therefore, submitted that the Tribunal erred in holding that the
Assessing Officer’s order was barred by limitation, even though the
same was passed on 31st August 2009.

Tax Appeal is
admitted for consideration of following substantial question of law
:-

“Whether
the Appellate Tribunal is right in law and on facts in deleting the
penalty of Rs. 12,57,981/= levied u/s. 271[1](c) ?”

To be heard
with Tax Appeal No. 2292 of 2010.

{Akil Kureshi,
J.}

{Ms. Sonia
Gokani, J.}

Prakash*

   

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