https://www.taxtmi.com/caselaws?id=27514 Penalty proceedings under the relevant provisions require a reasonable opportunity of hearing before penalty is sustained. Where the Tribunal has already remitted the penalty appeals to the Appellate Assistant Commissioner for fresh consideration and directed a full hearing on the assessee's explanations for delay and failure to furnish the estimate, the statutory hearing requirement is treated as substantially preserved. The discussion also states that the limitation bar in the penalty provision applies to the original order and does not prevent action taken in compliance with directions of a higher authority. In that setting, the reference questions were treated as academic, left unanswered, and the matter was returned for compliance with the remand directions. en-us Tue, 03 Jan 1984 00:00:00 +0530 Sat, 13 Feb 2010 13:05:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=27514 Penalty proceedings under the relevant provisions require a reasonable opportunity of hearing before penalty is sustained. Where the Tribunal has already remitted the penalty appeals to the Appellate Assistant Commissioner for fresh consideration and directed a full hearing on the assessee's explanations for delay and failure to furnish the estimate, the statutory hearing requirement is treated as substantially preserved. The discussion also states that the limitation bar in the penalty provision applies to the original order and does not prevent action taken in compliance with directions of a higher authority. In that setting, the reference questions were treated as academic, left unanswered, and the matter was returned for compliance with the remand directions. Case-Laws Income Tax Tue, 03 Jan 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=27514