1982 (5) TMI 108

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....O therefore, initiated proceedings u/s 271(1)(a) of the Act, in reply to which the assessee stated that the assessment itself had been made u/s 143 (1) of the Act to which he had filed a petition in form No. 6A on 6-3-1978. As such no penalty could be levied. The ITO however notice that there was no evidence in support of the assessee claim. He therefore, levied a penalty or Rs. 1,376 The same has....

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....f the assessment made u/s 143 (i) had been objected to by the assessee naturally the penalty may have to be revised in the light of the ultimate figures adopted by the ITO. In a connected case of Uttamchand, where a similar penalty for this year was levied by this Bench has already set aside the penalty and directed the assessee's appeal to be heard afresh by the AAC after examining Shri B.M. Gupt....