1977 (3) TMI 20 - HC - Income Tax

Summary

Issues Involved:
1. Period of limitation for imposition of penalty.
2. Quantum of penalty imposed.

Summary:

1. Period of Limitation for Imposition of Penalty:
The petitioner challenged the imposition of a penalty on the grounds of limitation u/s 275 of the Income-tax Act, 1961. The penalty was imposed on 23rd December 1972, more than six months after the order of the Appellate Assistant Commissioner was received by the Commissioner on 23rd November 1970. The court analyzed whether the case fell under sub-clause (i) or sub-clause (ii) of section 275(a). It was determined that the case fell under sub-clause (i) because the proceedings were completed on 25th July 1972, when the Income-tax Officer made a fresh assessment after remand. The court concluded that the imposition of the penalty was within the limitation period as per sub-clause (i) of section 275(a).

2. Quantum of Penalty Imposed:
The petitioner contested the quantum of the penalty, arguing that it should be based on the tax levied, which was Rs. 5,234, and not on the higher amount applicable to unregistered firms. The court referred to section 271(1)(a)(i) read with section 271(2), which mandates that the penalty for a registered firm should be calculated as if it were an unregistered firm. The court upheld the penalty of Rs. 9,168, calculated at 2% per month for the delay of 12 months, based on the higher tax rate applicable to unregistered firms.

Conclusion:
The court dismissed the writ petition, finding no merit in the arguments regarding the period of limitation and the quantum of the penalty. The imposition of the penalty was deemed to be within the limitation period, and the calculation of the penalty amount was found to be in accordance with the relevant provisions of the Income-tax Act. The writ petition was dismissed with costs.