1983 (5) TMI 77

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....anuary, 1982 passed for the asst. yrs. 1972-73 and 1973-74 under one order and for the asst. yrs. 1974-75 and 1975-76 under the other order. Involving a common point, all the appeals are consolidated and are disposed of together. In all these cases, a common fact is that penalty orders for non-payment of tax on self- assessment u/s 140A were passed beyond several years from the date of original re....

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....le the assessment became final on 24th July 1954. The asst. yr. was 1946-47. On these facts, the Hon'ble Andhar Pradesh High Court held that there was inordinate delay and the penalty was not levied within the reasonable time, no penalty was exigible in the case. In (1970) 75 ITR 698 (All) in the case Bisheshwar Lal, the Hon'ble Allahabad High Court while exercising jurisdiction u/s. 226 of the Co....

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....he purpose of the penalty proceedings is not served. This can be one of the reasons to hold that if the penalty proceedings are not concluded within a reasonable time, then no penalty would be exigible. Penalty proceedings are also pressed into service as a corrective measure and this idea can be achieved only when the offender is punished within a reasonable time so that he may not repeat the off....