1979 (10) TMI 26

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.... J.-The Commissioner of Income-tax has applied under s. 27(3) of the W.T. Act, 1957, for a reference of the following question Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the provisions of s. 18(1)(a), as they stood before the amendment, should be the basis for the computation of penalty under s. 18(1)(a) notwithstanding ....

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.... 8,082 and Rs. 8,561 for the respective years. For calculating the amount of penalty, he took into account the provision as it Was in force on the date he levied the penalty. The assessee appealed to the AAC, who confirmed the penalty so levied. Thereafter, the matter was taken on appeal before the Tribunal and, relying on a decision of this court in CGT v. C. Muthukumaraswamy Mudaliar [1975] 98 I....

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....ndered under the W.T. Act, this court has taken the view that the quantum of penalty to be levied would have to be calculated with reference to the law that was in force at the time when the default was committed. The Supreme Court also, in a decision dated August 3, 1979, in Brij Mohan v. CIT [1979] 120 ITR I (SC) has gone into this question on the following facts In that case, the assessee, a pa....

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....reme Court as there was a conflict of opinion on the point in the decisions in Hajee K. Assainar v. CIT [1971] 81 ITR 423 (Ker) and in Saeed Ahmad v. IAC [1971] 79 ITR 28 (All). The latter decision had also been followed by the Punjab and Haryana High Court in Income-tax Reference No. 45 of 1971-CIT v. Bhan Singh Boota Singh [1974] 95 ITR 562. The Supreme Court observed (p. 4 of 120 ITR): In th....