1987 (2) TMI 30 - HC - Income Tax

Summary

Issues Involved:
1. Validity of the penalty order u/s 271(1)(c) of the Income-tax Act, 1961, in light of section 274(1).
2. Legality of the remand order by the Tribunal in view of section 275 of the Income-tax Act.

Summary:

Issue 1: Validity of the Penalty Order u/s 271(1)(c)
The assessee was found to have concealed an income of Rs. 1,23,000, leading to penalty proceedings u/s 271(1)(c). The initial penalty order was challenged on grounds of violation of natural justice, as the assessee claimed inadequate opportunity to present his case. The Appellate Tribunal remanded the matter to the Inspecting Assistant Commissioner for fresh evidence, which was contested by the assessee. The court held that the Tribunal's powers u/s 254 are broad, allowing it to remand cases and call for additional evidence to ensure justice. The Tribunal's procedure was deemed valid, and the penalty order, though initially flawed, was corrected through the remand process.

Issue 2: Legality of the Remand Order in View of Section 275
The assessee argued that the remand order violated section 275, which prescribes a limitation period for penalty proceedings. The court clarified that while the primary authority must adhere to this limitation, the Appellate Tribunal's powers are not similarly constrained. The Tribunal's action to call for a report and provide an opportunity for fresh evidence was within its jurisdiction and did not violate section 275. The court concluded that the Tribunal's procedure was legal and upheld the imposition of the penalty.

Conclusion:
The court answered both questions in favor of the Revenue, affirming the legality of the penalty imposed on the assessee for concealing income. The Tribunal's actions were found to be within its powers, ensuring compliance with statutory requirements and principles of natural justice.