1978 (1) TMI 70

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....This is an application for a writ of certiorari to quash an imposition of penalty under section 274(2) read with section 271 of the Income-tax Act of 1961 (hereinafter referred to as "the Act" ) by the Inspecting Assistant Commissioner of Income-tax (Opposite Party No. 1). Assessee is an advocate at Cuttack. For the assessment year 1970-71, he made a return of income of Rs. 3,933. The Income-ta....

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....order dated 20th of February, 1973. The petitioner carried an appeal to the Income-tax Appellate Tribunal and urged that the imposition of penalty made beyond two years was contrary to law and that the Inspecting Assistant Commissioner had no jurisdiction to impose the penalty. The question of jurisdiction was not examined as pleaded by the petitioner, but the Tribunal agreed with the petitione....

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....missioner under section 246 or an appeal to the Appellate Tribunal under sub-section (2) of section 253, after the expiration of a period of-- (i) two years from the end of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or (ii) six months from the end of the month in which the order of the Appellate Assi....

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....e revenue on the question of limitation. During the pendency of the said reference made under section 256(1) of the Act, this writ application was filed agitating the question of jurisdiction of the Inspecting Assistant Commissioner to impose the penalty. Petitioner's contention is that section 274(2) having been amended with effect from April 1, 1971, and reference to the Inspecting Assistant ....