https://www.taxtmi.com/caselaws?id=39292 Penalty for failure to furnish an advance-tax estimate is sustainable only when linked to a regular assessment, not to reassessment proceedings. Under the 1922 Act, assessment under section 23 was treated as regular assessment, while reassessment under section 34 was outside that category; the same distinction was recognised under the 1961 Act, where regular assessment was confined to sections 143 and 144 and reassessment under section 147 did not qualify. Because the statutory condition for imposing the penalty was absent in reassessment proceedings, the levy could not be sustained. The rule against double jeopardy was held inapplicable, but that did not alter the result. en-us Mon, 11 Nov 1974 00:00:00 +0530 Thu, 15 Apr 2010 12:41:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39292 Penalty for failure to furnish an advance-tax estimate is sustainable only when linked to a regular assessment, not to reassessment proceedings. Under the 1922 Act, assessment under section 23 was treated as regular assessment, while reassessment under section 34 was outside that category; the same distinction was recognised under the 1961 Act, where regular assessment was confined to sections 143 and 144 and reassessment under section 147 did not qualify. Because the statutory condition for imposing the penalty was absent in reassessment proceedings, the levy could not be sustained. The rule against double jeopardy was held inapplicable, but that did not alter the result. Case-Laws Income Tax Mon, 11 Nov 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39292