IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.A. No.635 of 2007 Date of decision: 6.11.2008 The Commissioner of Income Tax, Faridabad. -----Appellant. Vs. M/s Rubber Udyog Vikas Pvt. Ltd. -----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE L.N. MITTAL Present:- Mr. Yogesh Putney, Sr. Standing Counsel for the appellant. Mr. Rajiv Sharma, Advocate for the respondent. ----- ORDER: This appeal has been preferred by the revenue under Section 260-A of the Income Tax Act, 1961 (for short, “the Act”) against order dated 15.11.2006 passed by the Income Tax Appellate Tribunal, Delhi Bench “I”, New Delhi in I.T.A. No.762/DEL/2005 for the assessment year 1994-95, proposing to raise following substantial question of law:- “Whether, on the facts and in the circumstances of the case the Hon’ble ITAT in upholding the order of Ld. CIT(A) in deleting the penalty levied by Assessing Officer u/s 271 (1)(c) when the Assessing Officer had recorded his satisfaction for initiation of penalty proceedings u/s 271(1) (c) in the assessment order in contravention of the order of ITA. No.635 of 2007 the Hon’ble Madras High Court in the case of M. Sajjanraj Nahar Vs. CIT (283 ITR 230).” Learned counsel for the revenue points out that the said issue has been gone into by this Court in I.T.A. No.221 of 2006 (Commissioner of Income Tax v. M/s Pearey Lal & Sons (EP) Ltd.) decided on 25.9.2008. We have heard learned counsel for the parties. We find that the issue is covered by the earlier judgment of this Court in M/s Pearey Lal & Sons (supra). Accordingly, we allow this appeal in the same terms and remand the matter to the Tribunal, on the issue of penalty, for fresh decision in accordance with law. ( ADARSH KUMAR GOEL ) JUDGE November 06, 2008 ( L. N. MITTAL ) ashwani JUDGE 2