1999 (12) TMI 34

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....L J.---The Commissioner of Income-tax, Gujarat Central, Ahmedabad, under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), moved the Income-tax Appellate Tribunal (hereinafter referred to as "the Tribunal"), for reference to this court by filing Reference Application No. 267/Ahd of 1984 for the assessment year 1975-76 and the Tribunal has referred the following que....

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....r book, the order passed by the Income-tax Officer imposing penalty is not found, and therefore, the appellate order is required to be referred to for this purpose. It is required to be noted that the Commissioner of Income-tax (Appeals) by order dated July 20, 1982, confirmed the order passed by the Income-tax Officer computing the penalty on the basis of the entire assessed tax right from the ti....

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....nder : "271. (1) If the Income-tax Officer or the Appellate Assistant Commissioner or the Commissioner of Income-tax (Appeals) in the course of any proceedings under this Act, is satisfied that any person--- (a) has failed to furnish the return of total income which he was required to furnish under subsection (1) of section 139 or by notice given under sub-section (2) of section 139 or secti....

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....lay has to be reckoned for the return filed in response to the notice under section 148. So far as quantification of penalty is concerned the Commissioner of Income-tax (Appeals), held that the same has to be calculated with reference to the total tax payable as reduced by the tax deducted at source and the tax paid in advance. However, the Commissioner of Income-tax (Appeals) further held that th....