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of <h1>High Court dismisses revenue's appeal against Tribunal decision on penalty under Income Tax Act</h1> <h3>Commissioner of Income Tax I, Ludhiana Versus M/s Sidhartha Enterprises, Ludhiana</h3> Commissioner of Income Tax I, Ludhiana Versus M/s Sidhartha Enterprises, Ludhiana - [2010] 322 ITR 80, 2010 (228) CTR 579 The Punjab and Haryana High Court judgment of 2009 involved an appeal by the revenue against the Income Tax Appellate Tribunal's order regarding penalty under section 271(1)(c) of the Income Tax Act for the assessment year 2005-06. The Tribunal had deleted the penalty imposed by the Assessing Officer for furnishing inaccurate particulars of income. The assessee claimed a set off for capital loss against business profits, which was disallowed, leading to penalty proceedings. The CIT(A) and Tribunal both held that the penalty was not justified as the mistake was due to counsel's negligence and not a deliberate attempt to evade tax. The High Court dismissed the appeal, stating that the penalty could only be imposed in cases of deliberate default, not mere mistakes. Therefore, the substantial questions of law proposed in the appeal were deemed not to arise for consideration.
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