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The High Court of Madhya Pradesh dismissed an application under section 256(2) of the Income Tax Act, 1961, by the department. The Tribunal had set aside a penalty of one lakh rupees imposed on the assessee for the assessment year 1963-64. The Tribunal was not required to adjourn the penalty appeal and hear it along with the department's appeal against the order setting aside the assessment. The application was dismissed without any order as to costs.
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