2024 (10) TMI 1646

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.... : Shri Ramnath P. Murkunde. ORDER PER S.S. GODARA, JM : These twin assessees' appeals ITA No. 182/PUN/2024 and ITA No. 685/PUN/2024 for AY 2017-18, arises against the NFAC, Delhi's as many lower appellate orders passed in Din & Order No. ITBA/NFAC/S/250/2022-23/1043861206(1), dated 15.07.2022 and No. ITBA/NFAC/S/250/2023-24/1060578619(1), dated 06.02.2024 in proceedings u....

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....na Estate Pvt. Ltd. Vs. CIT (2024) 158 taxmann.com 341 (Bom.) that the assessees' instant technical argument is not maintainable at this stage since both of them have failed to highlight exact prejudice caused to them in the lower appellate proceedings. 4. We find no merit in the Revenue's above stated submissions as this tribunal's recent coordinate bench's order in the second assessee herein Mr....

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....nstant issue is no more res integra in light of the hon'ble jurisdictional high court recent decision in M/s. Veena Estate Pvt. Ltd. Vs. CIT (2024) 158 taxmann.com 341 (Bombay) rejecting a similar plea in section 260A proceedings. Mr. Murkunde further sought to buttress the point that the learned lower authorities have duly considered the assessee's explanation(s) in the penalty order as well as i....

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....onal substantial question of law in section 260A proceedings whereas the law regarding the tribunal's jurisdiction to entertain such a pure question of law, not requiring any further detailed investigation on facts, is already settled in NTPC Ltd. Vs. CIT (1998) 229 ITR 383 (SC). That being the case, we are of the considered view that going by the foregoing judicial precedent, this tribunal is ver....