2014 (8) TMI 33

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... M. R. Shah) 1. As common question of law and facts arise in both these appeals and as such with respect to same question and same assessee but with respect to different AY, both these appeals are heard, decided and disposed of by this common order. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal (hereinafter refe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ITA No.1063/AHD/2007 for AY 1999-2000, by which, the learned Tribunal has dismissed the said appeal preferred by the revenue confirming the order passed by the learned CIT(A) in deleting the penalty imposed by the learned Assessing Officer under Section 271(1)(c) of the Income Tax Act, the Revenue has preferred the present Appeal No.480 of 2014 with following proposed question of law. "Whether ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he learned CIT(A) deleted the said penalty / penalties and the same have been confirmed by the learned Tribunal by impugned judgment and orders. It is required to be noted and it is not in dispute that as such the issue with respect to deduction under Section 80HHC which was claimed by the assessee has been continuance issue and the said issue is debatable. The learned Tribunal has deleted the pen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n ITA No.781/AHD/2010 order hereinabove, we have decided the issue in favour of Assessee. In view of the aforesaid facts, we are of the view that no penalty for concealment of income is leviable in the present case and therefore, we find no reason to interfere with the order of CIT(A) and thus this ground of Revenue is dismissed. Further since the facts in AY 1999-2000 are identical to that of AY ....