https://www.taxtmi.com/caselaws?id=16080 The court interpreted section 279(1A) of the Income-tax Act concerning penalty reduction or waiver for an assessee. It clarified that penalty reduction in appeal, not under section 273A by the Commissioner, does not bar prosecution. The Chief Judicial Magistrate's discharge based on appeal penalty reduction was deemed incorrect. A revision petition challenging the discharge was dismissed. The court emphasized the necessity of Commissioner's orders under section 273A for penalty implications. The judgment set aside prior decisions, stressing proper statutory application and Commissioner's role in penalty matters under the Income-tax Act. The case was remitted for further proceedings. en-us Fri, 09 Oct 1998 00:00:00 +0530 Mon, 31 Aug 2009 18:34:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=16080 The court interpreted section 279(1A) of the Income-tax Act concerning penalty reduction or waiver for an assessee. It clarified that penalty reduction in appeal, not under section 273A by the Commissioner, does not bar prosecution. The Chief Judicial Magistrate's discharge based on appeal penalty reduction was deemed incorrect. A revision petition challenging the discharge was dismissed. The court emphasized the necessity of Commissioner's orders under section 273A for penalty implications. The judgment set aside prior decisions, stressing proper statutory application and Commissioner's role in penalty matters under the Income-tax Act. The case was remitted for further proceedings. Case-Laws Income Tax Fri, 09 Oct 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=16080