2002 (7) TMI 410

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.... Member - This appeal has been directed by the assessee against the order of the CIT(A) dated 19-11-1996 sustaining penalty under section 273(1)(b) of the Act pertaining to the assessment year 1988-89. 2. Briefly the facts of the case are that the assessment of the assessee was completed by invoking the provisions of section 115J of the Act. As the assessee did not file the statement of adva....

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....as not required to pay any advance tax. Accordingly, the question of filing any statement of advance-tax did not arise. While relying on the decisions reported in 243 ITR 519 (Kar.), 165 ITR 99 (Bom.) and 33 ITD 50 (Delhi), the ld. counsel stated that the assessee cannot be faulted and, therefore, the penalty sustained by the CIT(A) was not justified. On the other hand, ld. DR supported the order ....