2011 (1) TMI 274

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Mukhi, Advocate with Ms. Jyoti, Advocate for the respondent,   ADARSH KUMAR GOEL, J.   1. This order will dispose of ITA Nos. 50, 222, 249, 311 to 313, 334, 336 and 379 of 2008 as it has been stated by learned counsel for the revenue that common questions of law are involved in the appeals.   2. ITA No.50 of 2008 has been preferred by the revenue under Section 260A of the I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... is an essential ingredient in levy of penalty in contravention of the provisions of a Civil Statute like Income Tax Act in spite of there being so many judgments that breach of a Civil obligation attracts levy of penalty whether the contravention was made by the defaulter with any guilty intention or not?   c. That the order of the Hon'ble ITAT is in contravention of the many judicial pro....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ies.   5. Learned counsel for the revenue submits that satisfaction was properly recorded and in this regard the contention of the revenue is supported by the view taken by this Court in Commissioner of Income Tax v. Pearay Lal and Sons, [2009] 308 ITR 438. However, she fairly states that the plea of the assessee being debatable as to the year in which the income was to be taxed, the setti....