Commissioner vs Unknown on 8 February, 2011

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TAXAP/57/2007	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 57 of 2007
 

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


 

COMMISSIONER
OF INCOME TAX - Appellant(s)
 

Versus
 

M.H.
MILLS INDUSTRIES LTD. - Opponent(s)
 

=============================================
 
Appearance : 
MR
MANISH R BHATT for Appellant(s) : 1, 
None
for Opponent(s) : 1, 
=============================================


 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE Y.R.MEENA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	

 

		Date
: 05/09/2007 

 

ORAL
ORDER

The
following question has been proposed for the admission of this
appeal:-

?SWhether
the appellate Tribunal is right in facts and in law in cancelling the
penalty under Section 271(1)(c) of the Income Tax Act, 1961 on the
ground that penalty cannot be levied in case of loss?

At
the out-set, learned counsel fairly admits that the issue involved in
this appeal has been covered by the decision of their Lordship in
Virtue Soft Systems Ltd. Vs. CIT [289 ITR 83 (SC)].

When
the issue has been considered and a decision has been taken by their
Lordship in Virtue Soft Systems Ltd. Vs. CIT [289 ITR 83 (SC)], no
interference is called for. The appeal stands dismissed at the
admission stage.

(Y.R.

Meena, C.J.)

(Akil
Kureshi, J.)

*/Mohandas

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