1983 (2) TMI 43

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....I J.-Income-tax Appellate Tribunal, Allahabad Bench 'A', has, referred the following question of law for opinion of this court : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in confirming the levy of penalty under section 271(1)(c) of the Act ?" On the submission advanced by learned counsel for the assessee, which we are inclined to accept....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eviable as penalty. According to the learned counsel for the assessee the IAC having imposed a penalty on March 30, 1977, when he ceased to have jurisdiction, the order passed by him was a nullity. In CIT v. Om Sons [1979] 116 ITR 215 (All), a similar controversy came up for consideration before this court. By the T.L. (Amend.) Act, 1970, with effect from April 1, 1971, sub-s. (2) of s. 274 was....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....followed in Ganesh Dass Ram Gopal v. IAC [1983] 142 ITR 101 (All), where the T.L.(Amend.) Act, 1975, itself was considered. We are in respectful agreement with the enunciation of law by the two Division Benches and are of opinion that although proceedings for levy of penalty were validly referred by the ITO to the IAC, its continuance after April, 1976, and the ultimate order on March, 1977, by....