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TMI Blog2013 (3) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... en initiated. Prima facie,it cannot be said that the notice is without jurisdiction. The petitioner is at liberty to participate in the proceeding. The petitioner has already participated in the proceeding and tomorrow is the date of hearing. In such circumstances, it would not be just and proper to entertain the petition at this stage. It is hereby dismissed. - W.P.No.216/2013 - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions 36 37 of the Income Tax Act. It is further mentioned in the notice that the petitioner purchased a land on 9.10.2003 for the value of Rs.41,00,000- and the second land was purchased on 17.11.2004 for Rs.7,96,000/-. The petitioner claimed loss of Rs.3,83,193/- for assessment year 2005-06. It has set off loss against the assessed income i.e. Rs.7,11,165/-. However, there was no material on r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is without jurisdiction. In support of his contention, learned counsel relied on the following judgments :- (i) CIT, Madras v. Lucas T.V.S.Ltd.-(2002) 9 SCC 560. (ii)Commissioner of Income Tax, Delhi v. Kelvinator of India Ltd. - (2010) 2 SCC 723. (iii)Culcutta Discount Company Ltd. v. Income Tax Officer Companies District, I and another [1961] 2 SCR 241. (iv)GKN Driveshafts (India) Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, the penalty was paid after the aforesaid financial year 2006-07 relevant to A.Y.2007-08. It is further pleaded that as per the provisions of Sections 36 37 of the Income Tax Act, 1961, the penalty levied by the Nagar Nigam could not be treated as expenses. Same facts have been mentioned in regard to purchase of certain land. The provisions of Section 147 of the Income Tax Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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