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Issues involved:
The issue involves the determination of whether the Tribunal was correct in not examining whether the penalty imposed was the minimum penalty as per the law under section 271(1)(c) of the Income-tax Act, 1961. Summary: The case involved a registered firm engaged in re-rolling mills business, where penalty proceedings were initiated under section 271(1)(c) of the Income-tax Act. The firm had agreed to the levy of a penalty of Rs. 32,188, which was approved by the IAC. The firm, however, contended before the Tribunal that the penalty imposed was not the minimum penalty as per the law. The Tribunal upheld the penalty, considering it as an agreed penalty, and declined to interfere based on the agreement between the firm and the authorities. Upon review, the High Court found that the minimum penalty agreed upon by the firm was Rs. 30,988 for concealed income, with an additional 20% penalty for a specific amount. The Court noted that the firm's chartered accountants had explicitly agreed to the penalty amount before the IAC. The Court emphasized that the agreement between the parties, including the rate and amount of penalty, was the basis for imposing the penalty. The Court cited a Bombay High Court decision to support the principle that orders based on agreements cannot be challenged in appeal. Therefore, the High Court concluded that the Tribunal was correct in not delving into whether the penalty imposed was the minimum penalty as per the law. The Court ruled in favor of the revenue and against the assessee, with no order as to costs.
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