2003 (7) TMI 14 - HC - Income Tax

Whether Tribunal was justified in canceling the penalty imposed under section 273(2)(a) notwithstanding the fact that R.A. under section 256(2), before the hon ble High Court on the quantum issue has been filed and the decision of which is pending? - When the entire addition has been deleted in the quantum appeal, no reason survives for sustaining the penalty or interfering in the order of the Tribunal. We answer the question in the affirmative, i.e., in favour of the assessee

Summary

The High Court of Rajasthan canceled a penalty imposed under section 273(2)(a) of Rs. 46,416. The Tribunal justified the cancellation as the entire addition had been deleted in the quantum appeal, leaving no basis for the penalty. The Court ruled in favor of the assessee and against the Department.