1981 (4) TMI 176

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... March, 1975 vide receipt No. 1263 dt. 15th March, 1975. The ITO initiated penalty proceedings against the assessee under s. 273 (a) of the said Act. The assessee pleaded before the ITO that the assessee had deducted Rs. 11, 744 at source and balance was paid as self assessment tax and so no penalty was leviable against the assessee. The assessee produced the original receipt before the ITO showing that the assessee filed an estimate under s. 212 (1) of the said Act on 15th March, 1975. ITO held that the receipt did not show as to what was the quantum for which the assessee had filed estimate and there was no proof on the record that the assessee had filed any estimate and the assessee's petition did not show the amount for which he had fil....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ct. He, therefore, reduced the penalty to Rs. 1,000 and allowed a relief of Rs. 3,000 to the assessee. 4. The ld. Dept. Rep. has supported the order of the AAC. 5. The ld. counsel for the assessee has filed a copy of the petition filed before the ITO in which it has been pointed out that the assessee received advance-tax notice on 14th Feb., 1975 for payment of advance-tax of Rs. 4,830 and the assessee submitted estimate of advance-tax in From No. 29 on 15th March, 1975 vide receipt No. 1263 dt. 15th March, 1975 and so the tax of Rs. 11,744 was deducted at source and the balance advance was paid as self assessment tax no penalty was leviable against the assessee. 6. The ld. counsel for the assessee has also pointed out that his inc....