The Appellate Tribunal considered a case involving a penalty...

The Appellate Tribunal considered a case involving a penalty order u/s 271(1)(c) of the Income-tax Act. The assessee did not file the return of income u/s 139(1) but filed it after a notice u/s 148. The Tribunal held that as the self-assessment tax paid before the notice exceeded the tax on the income assessed, there was no tax sought to be evaded. Therefore, the penalty of Rs. 2,10,000 was unjustified and deleted. The Tribunal did not address other arguments raised by the assessee as the main ground for penalty imposition was not valid. The appeal of the assessee was allowed.

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