1981 (10) TMI 3

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....Income-tax Act, 1961, referring for our answer the following questions of law: " (1) Whether the order of the Tribunal that the penalty order was not passed beyond the prescribed period of limitation was correct in law ? (2) Whether the order of the Tribunal that reasonable opportunity had been provided to the assessee of being heard against the proposed penalty was justified in law ? " The cas....

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....limitation, a vested right has arisen in favour of the assessee. In the instant case, the limitation for imposition of penalty did not start to run at all before s. 275 was amended by the Taxation Laws (Amendment) Act, 1970. In the circumstances, there is no question whatsoever of application s. 275 as it stood before the amendment. The Tribunal, in our opinion, was clearly right in holding that s....

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....e argued before the Tribunal that he had been taken suddenly ill two days prior to the date of hearing and, therefore, he could not appear before the IAC on the date of hearing and that, therefore, there was no reasonable opportunity to him to meet the proposed penalty. It is clear from the facts that the assessee had the opportunity of filing his explanation to the show-cause notice. Even assumin....