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TAXAP/288/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 288 of 2005
==============================================================
COMMISSIONER
OF INCOME TAX - Appellant(s)
Versus
C.A.
TAKTAWALA - Opponent(s)
==============================================================
Appearance
:
MR
MANISH R BHATT for
Appellant(s) : 1,
MR JP SHAH for Opponent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 25/10/2005
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
1. Following
question has been proposed by the appellant revenue:
?SWhether the Appellate
Tribunal is right in law and on facts in cancelling the penalty
levied u/s 271(1)(c), 271(1)(a) and 273(2)(a) of the I.T. Act, on the
ground that benefit under the Amnesty Scheme was available to the
Assessee, when subsequent to search operation, the Assessee itself
had revised it’s returns on a number of time, which would go to show
that the return was not voluntary???
2. This
appeal stands dismissed for the reasons stated in order of even date
in Tax Appeal No.281 of 2005 as the proposed question arises from
common order of the Tribunal.
[D.A.MEHTA,
J.]
[HARSHA
DEVANI, J.]
parmar*
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