1973 (2) TMI 27

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....challenges three orders, namely, orders dated 30th of March, 1964, 27th of April, 1964, and 8th of June, 1966, being annexures "E", "F" and "G" to the petition. These are orders of penalty passed under section 73(5) of the Estate Duty Act, 1953, read with section 46(1) of the Indian Income-tax Act, 1922. It appears that one Bhabatosh Ghatak died on 15th of January, 1957. Then in September, 1957, r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ioner. On the 20th October, 1960, the certificate officer directed payment of instalments of Rs. 800 per month. Payments have been made according to the instalments granted by the certificate officer. But on the 30th March, 1964, inasmuch as the duty was outstanding for about Rs. 70,000, penalty was imposed because the assessee had defaulted in payment of the dues in accordance with the instalment....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....engal Public Demands Recovery Act, the petitioner was not "in default" and could not be considered to be an assessee in default. The Indian Income tax Act, 1922, and by incorporation of the said provision of applicability to the Estate Duty Act, 1953, provides for the liability of the assessee to make the payment in accordance with the Act. Section 45 of the Act stipulates the time when tax dues h....