2013 (9) TMI 1097

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..... urt. It is needless to mention that it is not required at this stage to discuss or deliberate the grounds of appeals separately on merit.
SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER For the Appellant : J.D. Mistry & Madhur Agarwal For the Respondent : Mr. G.N. Makwana O R D E R PER DR. S.T.M. PAVALAN, JM: These cross appeals filed by the assessee and .....

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..... ombay vide order dated 22.07.2011 in Income Tax Appeal No. 4611 of 2010 under section 260 A of the Income Tax Act as the issue involves substantial question of law. Where the High Court has accepted the appeal as the subject matter of addition involves substantial question of law u/s 260A, it is needless to emphasis that the issue is debatable and accordingly, no penalty is imposable u/s 271(1)(c) .....

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..... DCIT [(2004) 91 ITD 237 (Ahd.) (TM)]. In view of that matter, we delete the entire penalty levied consequent to the disallowances/additions on which the quantum appeal now is admitted by the High Court. It is needless to mention that it is not required at this stage to discuss or deliberate the grounds of appeals separately on merit. 3. In the result, the appeals filed by the assessee is allowed .....

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