1984 (6) TMI 71

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....C cancelling the penalty imposed by the ITO under section 273(1)(b) of the Income-tax Act, 1961 (' the Act '). This appeal was taken up along with two other similar appeals of the same counsel being IT Appeal No. 176 (Chd.) of 1983-ITO v. Smt. Anita Gupta and IT Appeal No. 181 (Chd.) 1983-ITO v. Tej Ram Brij Lal. The relevant facts in all the three appeals are undisputedly similar and the AAC has ....

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....red by section 209A(1)(a). We find that each appeal deserves to be decided on the short ground whether in this factual background a penalty could be imposed by the ITO. We do not consider it necessary to go into the questions considered by the AAC to cancel the penalties in the three cases. In our view, the conclusion of the AAC is clearly sustainable on the basis of position of law settled by the....

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....a minimum penalty is prescribed, the authority competent to impose the penalty will be justified in refusing to impose penalty, when there is a technical or venial breach of the provisions of the Act or where the breach flows from a bona fide belief that the offender is not liable to act in the manner prescribed by the statute." On the facts and in the circumstances of the three cases in hand w....