https://www.taxtmi.com/caselaws?id=15424 For penalty computation under Section 271(1)(i)(b) of the Income-tax Act, the deemed treatment of a registered firm as an unregistered firm under Section 271(2) does not authorise a further notional deduction of advance tax that was never paid. The statutory definition of "assessed tax" in the Explanation permits deduction only of tax deducted at source and advance tax actually paid, and the fiction in Section 271(2) must be read harmoniously with that definition. The computation cannot be enlarged by borrowing the language of Section 280-O. Only actual advance tax is deductible, and the contrary approach was rejected. en-us Wed, 03 Nov 1999 00:00:00 +0530 Thu, 06 Aug 2009 14:06:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=15424 For penalty computation under Section 271(1)(i)(b) of the Income-tax Act, the deemed treatment of a registered firm as an unregistered firm under Section 271(2) does not authorise a further notional deduction of advance tax that was never paid. The statutory definition of "assessed tax" in the Explanation permits deduction only of tax deducted at source and advance tax actually paid, and the fiction in Section 271(2) must be read harmoniously with that definition. The computation cannot be enlarged by borrowing the language of Section 280-O. Only actual advance tax is deductible, and the contrary approach was rejected. Case-Laws Income Tax Wed, 03 Nov 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=15424