| Case ID |
3308a8c5-e6b0-4370-8d20-7f908aaf4cc5 |
| Body |
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| Case Number |
MISC. CIVIL CASE NO. 392 OF 1978 |
| Decision Date |
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| Hearing Date |
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| Decision |
The court ruled that the penalty imposed on the assessee was valid and within the limitations set by the amended section 275 of the Income-tax Act. The Tribunal was correct in concluding that the penalty order was passed within the required time frame and that the assessee was given a reasonable opportunity to be heard. The court emphasized that the limitation provisions are procedural, and in this case, the penalty order was not barred by limitation as the proceedings did not commence before the amendment. Furthermore, the Tribunal found no prejudice to the assessee despite his illness on the date of the hearing, as he had the opportunity to present his case adequately. |
| Summary |
This case revolves around the imposition of a penalty under the Income-tax Act, 1961 for the assessment year 1968-69. The key legal issues addressed included the applicability of section 275 concerning the limitation period for imposing penalties and the provision of reasonable opportunity to the assessee. The Madhya Pradesh High Court upheld the Tribunal's decision that the penalty order was valid and timely, noting that the relevant provisions of the law had been amended prior to the events in question. The court highlighted the importance of procedural fairness while also affirming that the assessee had been afforded an adequate opportunity to respond to the allegations against him. This ruling underscores the significance of understanding legislative amendments and their implications on tax assessments and penalties, which is crucial for both tax practitioners and taxpayers alike. |
| Court |
Madhya Pradesh High Court
|
| Entities Involved |
Not available
|
| Judges |
G.P. SINGH, C.J.,
K.K. DUBE, J.
|
| Lawyers |
B.L. Nema for the Applicant,
B.K. Rawat for the Respondent
|
| Petitioners |
Sardar Pritam Singh
|
| Respondents |
Commissioner of Income tax
|
| Citations |
1985 SLD 1185,
(1985) 154 ITR 133
|
| Other Citations |
Not available
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
275,
271(1)(c),
274(1)
|