2010 (2) TMI 162

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.... March 13, 2008, passed in I. T. A. Nos. 1034 to 1040/Chandi/2007 pertaining to the assessment years 1982-83 to 1988-89 by the Income-tax Appellate Tribunal, Chandigarh (for short "the Tribunal"). The Revenue has claimed that from the order of the Tribu nal the following substantial questions of law would arise for determination of this court: A. "Whether in the facts and circumstances of the case the Tribunal was right in deleting the penalty and in coming to the conclusion that the assessee was prevented by a reasonable cause from payment of self-assessment tax while filing the return of income?" B. "Whether in the facts and circumstances of the case the assessee's non-access to the funds in bank could be accepted as reasonable caus....

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....t was later on appropriated by the Department pursuant to the directions issued by the High Court when the order of attachment was vacated and in fact a demand was raised by the Department pursuant to order under section 143(3) of the Act. On the basis of the findings of fact, the Commissioner of Income-tax (Appeals) expressed the opinion that the year wise self-assessment tax was already recovered by the Department and the contention of the assessee was duly manifested while filing return of income with request to adjust tax as assessed out of attached bank account, therefore, it was concluded by the Commissioner of Income-tax (Appeals) that the delay in recovery of self-assessment tax cannot be imputed to assessee-legal heir. There was re....

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....on'ble High Court was approached for vacation of the attachment that the Revenue has collected the due taxes. We find that the aforesaid factual position has been pleaded by the assessee not only before the Commissioner of Income-tax (Appeals) but also before the Assessing Officer as is evident from the perusal of the order of the Assessing Officer dated May 2, 1994, imposing penalty under section 140A(3) of the Act. We, therefore, at the outset do not find any infirmity in the conclusion drawn by the Commissioner of Income-tax (Appeals) as it is based on material before him. Nothing to the contrary has been brought on record by the Revenue on the basis of any cogent material, which could enable us to take a different view of the fact situa....