2009 (12) TMI 695

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....missioner of Income-tax (Appeals)-XI, New Delhi dated February 24, 2009 for the assessment year 2005-06. The only ground raised by the Revenue reads as under: "On the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) erred in law and on the facts in deleting the penalty of Rs. 2,10,000 levied by the Assessing Officer under section 271(1)(c) of the I....

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....iated penalty proceedings under section 271(1)(c) and after hearing the assessee imposed a penalty of Rs. 2.10 lakhs. Against the penalty order of the Assessing Officer, the assessee was in appeal before the learned Commissioner of Income-tax (Appeals) who has deleted the penalty and now the Revenue is in appeal before us. The learned Departmental representative for the Revenue supported the pe....

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....enalty. No specific defect could be pointed out by the learned Departmental representative for the Revenue in the order of the learned Commissioner of Income-tax (Appeals). We are in agreement with the learned Commissioner of Income-tax (Appeals) that in the facts and circumstances of the present case, penalty is not justified because this issue is always debatable as to whether the particular rep....