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Issues:
- Interpretation of penalty under section 273(b) of the Income-tax Act, 1961. - Applicability of penalty when the assessment order is set aside as time-barred. Analysis: The High Court of Patna was presented with a question regarding the cancellation of a penalty under section 273(b) of the Income-tax Act, 1961. The case involved an assessee who failed to file the estimate of income within the prescribed time, leading to a penalty of Rs. 2,600 being imposed. However, the Tribunal set aside this penalty citing the cancellation of the assessment order for the relevant year as time-barred, rendering the basis for the penalty calculation non-existent. The Court examined the relevant provisions of the Act, specifically sections 273, 217, and 215. It was noted that the penalty under section 273(b) is dependent on the tax assessed against the assessee, which is determined based on the regular assessment. Since the assessment order was set aside as time-barred, no tax liability remained against the assessee, making the penalty calculation unfeasible. This aligns with a previous judgment involving the same assessee for the same assessment year regarding a penalty under section 271(1)(a) of the Act. Consequently, the Court affirmed the Tribunal's decision to set aside the penalty order, ruling in favor of the assessee. The judgment was supported by both judges, with no costs imposed. The Court directed the judgment copy to be sent to the Income-tax Appellate Tribunal, Patna Bench for further action.
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