2016 (7) TMI 61

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....B.G. Yewale i/b Rajesh Shah & Co. ORDER P. C. 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 10th June, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 200304. 2. This appeal raises the following questions of law for our consideration : "(i) Whether on the f....

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.... by the Revenue ?" 3. Regarding question no.(i) : (a) As it is evident from the question, the impugned order of the Tribunal deleted the penalty imposed under Section 271(1)(c) of the Act by having followed its earlier order dated 7th September, 2011 in quantum proceedings in respect of the same respondent assessee. (b) Mr. Malhotra, learned counsel for the revenue states that being aggri....

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....he question as framed that the penalty under Section 271(1)(c) of the Act was imposed upon the respondent assessee, consequent to disallowing the respondent assessee's claim for deduction under Section 80M of the Act. The Tribunal by the impugned order dated 10th June, 2013 upheld the order of the Commissioner of Income Tax (Appeals) deleting the penalty by following its order dated dated 7th ....