Income Tax

When substantial question of law admitted by High Court, it is apparent that addition is debatable – ITAT

When substantial question of law admitted by High Court, it is apparent that addition is debatable – ITAT

ABCAUS Case Law Citation:
ABCAUS 1274 (2017) (06) ITAT

Assessment Year : 1999-2000
Date/Month of Pronouncement: May, 2017

Important Case Laws Cited relied upon:
Rupam Mercantile vs. DCIT (2004) 91 ITD 237
Smt. Ramila Ratilal Shah vs. ACIT (1998) 60 TTJ (Ahd) 171
CIT vs. Aditya Birla Power Co. Ltd. in ITA No.851 of 2014

Brief Facts of the Case:
The return of the appellant assessee firm was taken for scrutiny. The assessment was completed and an addition was made under section 68 of the Income Tax Act, 1961 (‘the Act’). The matter went to the Tribunal and The ITAT partly allowed the appeal but confirmed the addition.

The Assessing Officer (ÁO’) levied penalty for the addition made u/s 68 which was under the challenge in the present appeal.

Contentions of the appellant assessee:
It was submitted that the quantum addition confirmed by the Tribunal was challenged before Hon’ble High Court and Hon’ble High Court has admitted the appeal of the assessee. It was further submitted that since the Hon’ble High Court had admitted the substantial question of law on the addition made by the Tribunal, therefore this addition wa certainly debatable. And in this circumstances the penalty cannot be levied as held in various judgments of Hon’ble Delhi High Court, Hon’ble Bombay High Court and Hon’ble Karnataka High Court etc. therefore, penalty may be deleted.

Observations made by the Tribunal:
It was observed that the addition had been confirmed by the Tribunal and assessee was before the Hon’ble High Court and Hon’ble High Court had admitted the question of law.

The Tribunal opined that,

“when the substantial question of law has been admitted by High Court on addition, it becomes apparent that addition is certainly debatable.”

Held:
Following the judgment of Hon’ble Jurisdictional High Court, the penalty was deleted.

Download Full Judgment

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

8 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

3 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago