INCOME TAX ACT, 1961

Section 271(1)(c)

Penalty under section 271(1)(c) - ITAT set aside the order passed by CIT(A) as well as by AO - -

Assessee was engaged in the business of manufacture and sale, including exports of solar cells, photovoltaic modules and systems. The case was taken up for scrutiny and the assessment was concluded by AO and directed initiation of proceedings under section 271(1)(c). Tribunal by placing reliance on the decision of this Court rendered in ITA No. 380/2015 dt. 23-11-2015, set aside the order passed by CIT(A) as well as by AO and allowed the appeal preferred by the assessee. Held: Revenue could not dispute the position that order of the Tribunal [2019 TaxPub(DT) 5536 (Bang-Trib)] was based on the decision rendered by this Court in 'CIT v. SSA'S Emerald Meadows [ITA No. 380/2015 dt. 23-11-2015] : 2018 TaxPub(DT) 0953 (Karn-HC). Since the order of the Tribunal was based on the decision rendered by a Bench of this Court, no substantial question of law arose for consideration in this appeal.

Followed:CIT v. SSA'S Emerald Meadows [ITA No. 380/2015 dt. 23-11-2015] : 2018 TaxPub(DT) 953 (Karn-HC) and Tata Power Solar Systems Ltd. v. Dy. CIT 2019 TaxPub(DT) 5536 (Bang-Trib).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10

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