Bombay High Court

ITXA/213/2019 of PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) - 4 Vs BERMACO INDUSTRIES LIMITED on 15 October 2026

Cites 0, Cited by 0

IN THE HIGH COURT OF JUDICATURE

Gauri Gaekwad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INCOME TAX APPEAL NO. 213 OF 2019

Principal Commissioner of Income Tax, Central - 4 …Appellant

Versus

Bermaco Industries Limited

…Respondent

Mr. Suresh Kumar for the Appellant.

None for the Respondent.

CORAM:

SUMAN SHYAM &

GAUTAM A. ANKHAD, JJ.

DATED:

15th OCTOBER 2026.

PC:-

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

1. Assailing the judgment and order dated 10th November, 2017 passed by the learned Income Tax Appellate Tribunal, Mumbai in Income Tax Appeal No.2825/Mum/2016 for the Assessment Year 2009-2010, the Revenue has approached this Court by filing the present Appeal under Section 260A of the Income Tax Act, 1961, by projecting the following substantial questions of law:

(a) Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in deleting the penalty levied u/s 271(1)(c) of the Act, relying only on the decision of Bombay High Court in the case of Samson Perincherry, without appreciating the fact that the provisions of Section 271 do not prescribe any statutory notice at all?

(b) Whether on the facts and in the circumstances of the case and in law the ITAT was justified in deleting the penalty levied u/s 271(1)(c) of the Act, without appreciating the fact that the Hon'ble Supreme Court, in the case of K P Madhusudan vs CIT has held that no express invocation is necessary as per provisions of Section 271 of the Act?

(c) Whether on the facts and in the circumstances of the case and in law the ITAT was justified in deleting the penalty levied u/s 271(1)(c) of the Act, without appreciating the fact that the Hon'ble Bombay high Court, in the case of Kaushalya & Others has held that a mistake in the notice would not invalidate penalty proceedings and it is sufficient if the assessee was aware of the charges he had to meet and was given opportunity of being heard?

2. However, when this Appeal was taken up for admission hearing, Mr. Suresh Kumar, learned Departmental Counsel, has admitted, in his usual fairness, that the aforesaid questions proposed by the Department are now squarely covered by the Full Bench decision of this Court in the matter of Mohd. Farhan A. Shaikh v/s. Deputy Commissioner of Income Tax, Central Circle 1, Belgau1.

3. On a careful examination of the aforesaid decision, we do not find any ground to disagree with the above submission of the learned Departmental Counsel. If that be so, the aforesaid

1. [2021] 125 taxmann.com 253 (Bombay)

substantial questions of law would not survive for consideration by this Court in the present Appeal.

4. This Appeal is accordingly disposed of. (GAUTAM A. ANKHAD, J.) (SUMAN SHYAM, J.) {

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead