1990 (3) TMI 120

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....nbsp;        This is an assessee's second appeal against the levy of penalty under s. 273(1)(b) of the IT Act, 1961. 2. I have heard the learned counsel for the assessee and the learned Departmental Representative and have perused the material placed before me. 3. The proceedings relate to asst. yr. 1978-79. The ITO has levied a penalty of Rs. 8,779 as, ....

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....ue a notice of demand under s. 210, which was not done. The assessee's counsel produced before me a copy of the assessment order for 1976-77, which shows that the assessee had been assessed on28th March, 1977. 4. Patently, s. 209A, which is the basis of the levy of penalty in question, having been enacted w.e.f.1st June, 1978, was not in force at the relevant time and, therefore, there could be....