1970 (8) TMI 13

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....nce under section 66 of the Indian Income-tax Act, 1922 (Hereafter referred to as " the Act "). Messrs. Motor General Sales (P.) Ltd. is the assessee. The proceedings under consideration relate to the assessment year 1957-58. The assessee was provisionally assessed for the year 1956-57 under section 23B of the Act on August 30, 1956. The assessee-company was assessed under section 23 of the Act fo....

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....ed the penalty imposed upon the assessee. The Income-tax Officer, Lucknow, appealed against the decision of the Appellate Assistant Commissioner. The appeal was, however, dismissed by the Appellate Tribunal, Allahabad. At the request of the Commissioner of Income-tax, U.P., the Appellate Tribunal has referred the following question of law to this court : " Whether the assessment made under sect....

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....had not hitherto been assessed within the meaning Of section 18A(3) of the Act. This point came up for consideration before the Supreme Court in an appeal from this court. The decision is reported in Income-tax Officer, Kanpur v. Mani Ram. In that case the assessee had been provisionally assessed under section 23B of the Income-tax Act, 1922, for the assessment year 1954-55. It filed returns fo....

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....ntly, the assessee's case was not covered by sub-section (3) of section 18A of the Act. The assessee could not be said to have committed a breach of sub-section (3) of section 18A of the Act. The assessee was not liable to any penalty under clause (b) of sub-section (9) of section 18A of the Act. Our answer to the question referred to the court is that the assessment made under section 23B on t....