2023 (5) TMI 364

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....HE HON'BLE JUSTICE T.S. SIVAGNANAM AND THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA For the Appellant  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 satisfied with the reasons given in the affidav....

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.... 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 the Income Tax Act, 1961 which specifically mentions the pen....

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....ol/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 that appeal could not be preferred in the said case on accou....

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.... 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 of the order passed by the learned Tribunal, more particularly, wh....