https://www.taxtmi.com/caselaws?id=6764 An express saving provision in a repealing statute can authorise penalty proceedings under the new Income-tax Act for failure to file returns for assessment years ending on or before 31 March 1962, even where the default arose under the repealed 1922 Act. The penalty machinery in section 271(1)(a) was held applicable to such saved defaults because the misconduct under the old and new provisions was substantially the same, and a narrow procedural reading would defeat the saving clause. The phrase "the period during which the default continued" was also construed to include the period before 1 April 1962, so the entire default period could be taken into account. The penalty under the 1961 Act was thus upheld. en-us Thu, 18 Aug 1966 00:00:00 +0530 Mon, 02 Feb 2009 09:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=6764 An express saving provision in a repealing statute can authorise penalty proceedings under the new Income-tax Act for failure to file returns for assessment years ending on or before 31 March 1962, even where the default arose under the repealed 1922 Act. The penalty machinery in section 271(1)(a) was held applicable to such saved defaults because the misconduct under the old and new provisions was substantially the same, and a narrow procedural reading would defeat the saving clause. The phrase "the period during which the default continued" was also construed to include the period before 1 April 1962, so the entire default period could be taken into account. The penalty under the 1961 Act was thus upheld. Case-Laws Income Tax Thu, 18 Aug 1966 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=6764