| Case ID |
ed4a6760-c485-45a9-b8a5-950be7b8dee7 |
| Body |
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| Case Number |
T. A. No. 864 KB of 1980 81 |
| Decision Date |
Jun 26, 1983 |
| Hearing Date |
Jun 20, 1983 |
| Decision |
The appeal was dismissed as the penalty imposed under section 46(1) of the repealed Income Tax Act, 1922, was upheld. The case revolved around the failure of the assessee to pay income tax on declared undisclosed income. The Income Tax Officer exercised discretionary powers to allow the assessee to pay tax in installments, but the assessee defaulted in payment. The Appellate Assistant Commissioner confirmed the penalty, emphasizing that the provisions of the Income Tax Act applied to the case, and the imposition of penalties for non-payment was justified. The decision reinforced the importance of compliance with tax obligations and the consequences of default. |
| Summary |
This case revolves around the Income Tax Act, 1922, specifically addressing the imposition of penalties under section 46(1) for the failure to pay tax on undisclosed income. The Income Tax Appellate Tribunal evaluated the appeal concerning the decision of the Appellate Assistant Commissioner, who upheld the penalty levied by the Income Tax Officer. The tribunal concluded that the law was correctly applied, affirming the penalty as the assessee failed to comply with tax payment obligations despite being granted the facility to pay in installments. This case highlights the legal implications of failing to disclose income and the subsequent penalties for such defaults, emphasizing the necessity for taxpayers to adhere to tax laws and the potential financial repercussions of non-compliance. The decision serves as a reminder to individuals and entities about their tax responsibilities under the Income Tax Act, 1922, and the strict measures in place to ensure compliance. Taxpayers are encouraged to maintain transparency in their financial declarations to avoid penalties and legal complications. |
| Court |
Income Tax Appellate Tribunal
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MAZHAR ALI, CHAIRMAN,
GHULAM MURTAZA KHAN, MEMBER
|
| Lawyers |
H. Shaban,
Yusuf Sharih
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1984 SLD 6,
1984 PTD 58,
(1984) 49 TAX 14
|
| Other Citations |
I. T. As. Nos. 858 KB and 115 KB of 1978 79,
(1976) 33 Taxation 258,
(1963) 50 I T R 8
|
| Laws Involved |
Income Tax Act, 1922
|
| Sections |
46,
46(1),
3C,
Fifth Schedule
|