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Issues:
1. Legality of imposition of penalty under s. 221 of the IT Act, 1961. Detailed Analysis: The appeal involved multiple assessees belonging to a group of partners in various firms, raising a common question regarding the legality of penalty imposition under s. 221 of the IT Act, 1961. The assessees were excise contractors and were required to pay a sum under s. 156, which they failed to pay by the due date. The Income Tax Officer (ITO) then initiated penalty proceedings under s. 221(1) by serving a notice, to which the assessee did not respond. The ITO proceeded to levy a penalty, which was challenged before the Appellate Assistant Commissioner (AAC) in appeal (para 2). The AAC allowed the appeal on the grounds that the ITO had not properly applied his mind while passing the penalty order. The AAC noted that the ITO's order lacked a proper examination of the facts and reasons for levying the penalty. It was observed that the printed penalty orders did not specify reasons for the penalty imposition, merely stating that no explanation was submitted or the explanation provided was unsatisfactory (para 3). The Department appealed the AAC's decision before the Appellate Tribunal. The Tribunal observed that the orders passed by the ITO lacked proper reasoning for imposing the penalty. The Tribunal referred to legal precedents emphasizing the necessity for quasi-judicial orders to be supported by reasons. It was highlighted that the ITO's failure to provide adequate reasons on the penalty orders rendered them invalid. The Tribunal emphasized that penalty imposition under s. 221 is not automatic and requires a proper application of mind by the assessing officer. The Tribunal upheld the AAC's decision to cancel the penalty solely on the grounds of lack of proper reasoning in the penalty orders, without delving into the merits of the case (para 4, 5).
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