2005 (4) TMI 14

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....ction 256(1) of the Income-tax Act, 1961, (hereinafter referred to as "the Act"), for opinion to this court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in confirming the decision of the Deputy Commissioner (Appeals) deleting the penalties of Rs. 9,800 each in the assessment years 1982-83 and 1983-84 imposed under section ....

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....ex parte on September 13, 1989, on the total income of Rs. 60,000. Penalty proceeding under section 271(1)(b) of the Act was initiated for both the assessment years and the assessing authority imposed a sum of Rs. 9,800 in each of the two years as penalty. Feeling aggrieved, the respondent-assessee preferred separate appeal before the Deputy Commissioner of Income-tax (Appeals). The Deputy Commiss....

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....spondent-assessee. Learned standing counsel submitted that in view of the amendment made to sub-section (8) of section 139 of the Act by insertion of Explanation 2 by the Taxation Laws (Amendment) Act, with effect from April 1, 1985, even an assessment made for the first time under section 147 is to be treated as regular assessment. A similar provision has been made in section 217 of the Act. R....

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....ction 142 or sub-section (2) of section 143 or fails to comply with the direction issued under sub-section (2A) of section 142. However, under clause (ii) to sub-section (1) of section 271 of the Act, the quantum of penalty has been mentioned as follows: "(ii) in the cases referred to in clause (b), in addition to any tax payable by him, a sum which shall not be less than ten per cent., but whi....