TaxTMI 
TaxTMI 
1995 (2) TMI 395
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....f penalty thereunder?" 2.. The dispute relates to the period April 1, 1969 to March 31, 1970. The assessee submitted quarterly returns beyond the respective due dates. Inevitably, he did not deposit the tax also on the due dates. He, therefore, approached the Commissioner for relief under section 22(4-A) of the Act. The Commissioner gave further time and also the benefit of instalments to the assessee. Admittedly the assessee deposited the tax complying with the conditions imposed by the Commissioner. Nevertheless, at the time of completing the assessment the assessing officer imposed penalty under section 17(3)(b)(ii) of the Act in regard to 2nd, 3rd and 4th quarters. Penalty of Rs. 8,000 was imposed in connection with the delay in deposi....
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....ion 22 or to furnish his return under sub-section (1) or revised return under sub-section (2) for any period in the manner and by the date prescribed thereunder or while furnishing the return fails to furnish along with the return, the proof of payment as required by sub-section (1-A); or (c)............... the Commissioner may, after giving such dealer a reasonable opportunity of being heard, direct him to pay, by way of penalty (i)............... (ii) in the cases referred to in clause (b), in addition to the amount of tax, if any, payable by him a sum equal to one per cent of the tax for every month or part thereof for the first six months and 1.5 per cent for the next six months of the first year during which the default continued a....
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....m to pay such amounts in instalments on such conditions as he may deem fit to impose. Where any extension of time or permission to pay by instalments is granted, the dealer shall be liable to pay interest on such amounts from the last date on which the tax and/or penalty was due to be paid in accordance with such notice of demand. The interest shall be paid at 12 per cent per annum for the first three months commencing from such last date and at 15 per cent per annum for the period thereafter." The above provision vests power in the Commissioner to give relief in appropriate cases in the matter of a tax assessed or the penalty imposed. A dealer unable to pay the same may apply to the Commissioner in writing to grant him more time for payme....