2008 (2) TMI 291

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....t. JUDGMENT I. A. No. 8611 of 2006 1. This is an application for condonation of delay of 24 days in preferring the present appeal. There is no opposition on behalf of the Revenue. In view of the aforesaid, the prayer for condition of delay is allowed and the I. A. is accordingly disposed of. 2. M. A. I. T. No. 109 of 2006: Heard Mr. Mukesh Agrawal, learned counsel for the appella....

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....,00,000. Being dissatisfied with the aforesaid imposition of penalty an appeal was preferred to the appellate authority, i.e., the Commissioner of Income-tax (Appeals), which allowed the appeal of the assessee. Being aggrieved by the said order the Revenue preferred an appeal before the Tribunal and the Tribunal dislodged the order of the appellate authority by holding that there was no illegality....

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....out the statutory obligation is the result of a quashi-criminal proceeding, and penalty will not ordinarily be imposed unless the party obliged, either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest or acted in conscious disregard of its obligation. The Division Bench further expressed the opinion hat the penalty will not also be imposed merely because it ....

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.... of the provisions of section 44AB of the Income-tax Act, 1961, and was guilty of conduct contumacious dishonest warranting imposition of penalty by the Assessing Officer under section 271B of the Act. 6. The order passed by the Appellate Tribunal in the case at hand is to be adjudged on the anvil of the aforesaid pronouncement of law. On a scrutiny of the order it is discernible from paragraph....