1998 (6) TMI 66

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....applications and are being disposed of by this common judgment. In all these four applications, the first petitioner is the firm and other petitioners are its partners. The petitioner-firm derives income from the business of land, construction of buildings and sales/lease of buildings so constructed. The firm is an assessee under the Income-tax Act. Assessment for the assessment year 1989-90 wa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion of the petitioners before the income-tax authorities was that section 269SS was not applicable since the petitioners had not received loans or deposits from any parties, but had received advance consideration for sale of flats. The petitioner-firm was called upon to show cause as to why penalty be not imposed in respect of a sum of Rs. 7,76,800 in the first proceeding. Penalty proceedings unde....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was taken by the magistrate of the offences. The complaints were filed after the penalty proceeding was dropped by the Deputy Commissioner. The complaint petitions are annexure-1 to each of these applications. What is significant is that in none of the complaint petitions is there any mention of the penalty proceeding which was dropped. It is, therefore, clear that the complainant---Assistant ....