- (1.) All the present appeals have been filed by the Department under Section 260-A of the Income-Tax Act, 1961 against the different judgments and orders passed by the Income Tax Appellate Tribunal, Lucknow. The details of the Income Tax Appeals are as under:- JUDGEMENT_1080_TLALL0_2013_1.html
(2.) On 27.5.2009, a Coordinate Bench of this Court has admitted the Income Tax Appeal No.44 of 2009, on the following substantial questions of law:- "(I). Whether on the facts and circumstances of the case, the learned Income Tax Appellate Tribunal has erred in law in cancelling the penalty of Rs.50,00,000.00 levied under Section 271 (1) (c) of the I.T.Act without approaching that willful concealment is not an essential ingredient for attracting penalty as has been held by the Hon'ble Supreme Court of India in the case of Union of India Vs. M/s Dharmendera Textile Processors? II.Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal has erred in law in cancelling the penalty of Rs.50,00,000.00 levied u/s 271 (1) (C) of the I.T. Act without approaching that false or exaggerated claim of expenditure or deduction is very well covered under the concealment of income/furnishing of inaccurate particulars of income thereby making the assessee liable for penalty. III.Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal has erred in law in cancelling the penalty of Rs.50,00,000.00 levied u/S 271 (1) (c) of the I.T. Act without approaching that in quantum appeal the rejection of books of account by the Assessing Officer has been upheld by the learned Income Tax Appellate Tribunal itself. The learned Income Tax Appellate Tribunal has further failed to appreciate that specific defects in the books of account of the assessee have been detected by the Assessing Officer which is a clear proof of concealment of income/furnishing of inaccurate particulars of income?"
(3.) In Income Tax Appeal Nos.130 of 2006, 94 of 2007, 107 of 2007, 108 of 2007 and 93 of 2007, different Coordinate Benches have admitted the respective appeals on the following substantial questions of law:- "I. Whether on the facts and in the circumstances of the case, the learned I.T.A.T. was justified in law in deleting the penalty imposed u/S 271 (1) (c) of the Income Tax Act, 1961 when in quantum appeal the rejection of books of accounts by the Assessing Officer for the reason of particulars of income being inaccurate had been upheld and application of net profit rate to the extent of 3.5% had also been confirmed by them? II. Whether on the facts and in the circumstances of the case, the learned I.T.A.T. was justified in deleting the penalty u/S 271 (1) (c) when both the preconditions despite being mutually exclusive, for imposition of such penalty, were fully satisfied in the case.";