COMMISSIONER OF INCOME TAX Vs. MAHENDRA SINGH KHEDLA

JUDGEMENT

(1.) HEARD the learned counsel for the appellant.

(2.) THE Revenue has preferred this Income Tax Appeal under Section 260A of the Income Tax Act against order dated 27th November, 2009 passed by the Income Tax Appellate Authority, Jaipur Bench 'B', Jaipur, whereby appeal filed by revenue, against order of first appellate authority deleting the penalty levied under Section 271(1)(c) of the Act of Rs.10,87,752.00 has been dismissed.

(3.) BEING aggrieved with the aforesaid penalty order, the assessee preferred an appeal, which was allowed by Commissioner of Income Tax (Appeals)-III, Jaipur vide order dated 23.1.2009 and penalty levied by Assessing Officer was set aside. Thereafter, revenue preferred an appeal before Income Tax Appellate Tribunal, which was dismissed by Tribunal vide order dated 27th November, 2009. Hence, revenue has now preferred this appeal before this Court.