2023 (5) TMI 364

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... GA/2/2021 - -<br>Income Tax<br>THE HON'BLE JUSTICE T.S. SIVAGNANAM AND THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA For the Appellant &nbsp;Mr. Tilak Mitra, Adv. Mr. Soumen Bhattacharjee, Adv. Mr. Prithu Dudhoria, Adv. For the Respondents. Mr. Avra Mazumder, Adv. Mr. Binayak Gupta, Adv. ORDER The Court : There is a delay of 502 days in filing the appeal being ITAT/21/2021. We are satisf....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....evenue's appeal when all the conditions specified in Section 271AAB(1)(c) of the Income Tax Act, 1961 were satisfied for imposing the penalty ? (ii) Whether on the facts and circumstances of the case and under law, the ITAT has erred in holding that penalty u/s. 271AAB of the Income Tax Act, 1961 is not mandatory and is discretionary without considering the provision of section 273B of th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....td. in ITA No.1604/Kol/2017, No. 1607/Kol/2017 and No. 1610/Kol/2017, dated 27th February, 2019. When these appeals came up for hearing before us on 7th March, 2021, we directed the learned standing counsel for the department to verify as to whether the department has accepted the decision in AKA Logistics Pvt. Ltd. or whether any appeal has been filed. Today it is reported by the standing counsel....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ission of the learned counsel for the respondent/assessee that in the case of AKA Logistics, the Court had taken note of the decision in the case of Sandeep Chandak. Though such may be the factual position, in the absence of any independent reasoning by the learned Tribunal with regard to the merits of the matter of the respondent/assessee, it will not be possible for us to test the correctness....