The Commissioner Of Income Tax vs Shri Vikram Kothari on 27 July, 2010

Court No. - 37

Case :- INCOME TAX APPEAL DEFECTIVE No. - 212 of 2008

Petitioner :- The Commissioner Of Income Tax
Respondent :- Shri Vikram Kothari
Petitioner Counsel :- A.N. Mahajan

Hon'ble Rajes Kumar,J.

Hon’ble Bharati Sapru,J.

Sri A.N. Mahajan learned Standing Counsel states that in view of the
amendment made in Section 271 (1) (C) inserting Clause 16 after Explanation

-7 of Section 271 (1) (C) and in view of the decision given by the Division
Bench of this court in the case of Nainu Mal Det Chand Vs. ITR reported in
(2007) 294 ITR 185, the reasoning given by the Tribunal in deleting the
penalty is erroneous.

Admit on the substantial question of law mentioned in memorandum of
appeal.

Sri S.K. Garg, Advocate put in appearance on behalf of respondent.

Order Date :- 27.7.2010
Gss