1974 (12) TMI 12

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....--For the assessment year 1951-52 the Income-tax Officer, D-Ward, Meerut, by his order dated May 1, 1964, imposed upon the assessee a penalty of Rs. 15,000 under section 28(1)(c) of the Indian Income-tax Act, 1922. The order stated that the previous approval of the Inspecting Assistant Commissioner for imposing the penalty had been obtained, but on appeal before the Appellate Assistant Commissione....

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.... confirm or cancel or vary it so as either to enhance or reduce the penalty. This provision was interpreted as not conferring upon the Appellate Assistant Commissioner any jurisdiction to make the direction of the kind that he made in the appellate order. On this view, the last sentence mentioned above was cancelled, and to this extent the assessee's appeal was allowed. At the instance of the C....