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    <title>1960 (2) TMI 72 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Penalty proceedings were upheld where the demand notice quantified the penalty, stated the default, and the record showed a prior order to levy penalty; service by affixture at the business premises was accepted as sufficient when personal service on the managing director failed. An order under section 33A was treated as administrative revisional action, not a judicial or quasi-judicial determination, so certiorari under article 226 was unavailable. The Income Tax Officer was also entitled to treat the assessee as a defaulter despite a pending appeal, because the statute gave only discretionary power to stay collection and no absolute right to suspension of recovery.</description>
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    <pubDate>Wed, 24 Feb 1960 00:00:00 +0530</pubDate>
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      <title>1960 (2) TMI 72 - ANDHRA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276610</link>
      <description>Penalty proceedings were upheld where the demand notice quantified the penalty, stated the default, and the record showed a prior order to levy penalty; service by affixture at the business premises was accepted as sufficient when personal service on the managing director failed. An order under section 33A was treated as administrative revisional action, not a judicial or quasi-judicial determination, so certiorari under article 226 was unavailable. The Income Tax Officer was also entitled to treat the assessee as a defaulter despite a pending appeal, because the statute gave only discretionary power to stay collection and no absolute right to suspension of recovery.</description>
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