1992 (4) TMI 23 - HC - Income Tax

Summary

Issues involved:
The issues involved in this judgment are related to the charging of interest under section 217 and the initiation of penalty proceedings under section 273(b) of the Income-tax Act.

Charging of Interest under Section 217:
The Income-tax Officer initially did not levy any interest under section 217 for the assessment years 1967-68 to 1969-70 due to non-compliance by the assessee with the provisions of section 212 of the Act. The Commissioner of Income-tax later set aside the assessment order and directed the Income-tax Officer to charge interest under section 217. The Tribunal upheld this decision regarding the charging of interest under section 217.

Initiation of Penalty Proceedings under Section 273(b):
The Commissioner of Income-tax also directed the initiation of penalty proceedings under section 273(b) against the assessee. However, the Tribunal set aside this order of the Commissioner of Income-tax, stating that the initiation of proceedings under section 273 was not warranted. The Tribunal upheld the decision in favor of the assessee regarding the non-initiation of penalty proceedings under section 273.

Question of Law:
The Tribunal referred a question of law to the High Court regarding the correctness of holding that the charging of interest under section 217 and levying penalty under section 273(b) were extraneous to the scope of the assessment order. The High Court, based on previous decisions, affirmed that only interest could be charged under section 217, and no proceedings under section 273 could be initiated. The High Court ruled in favor of the assessee, stating that the assessments were annulled, and only interest could be charged, not penalty proceedings under section 273.