1979 (10) TMI 6 - HC - Income Tax

Summary

Issues involved: Application u/s 256(2) of the Income-tax Act, 1961 regarding penalty imposed u/s 140A(3) of the Act.

Summary:
The High Court of Rajasthan heard an application filed by the Revenue under section 256(2) of the Income-tax Act, 1961, concerning a penalty imposed on an assessee under section 140A(3) of the Act. The assessee, a small scale cottage industry manufacturing diesel generating sets, failed to pay self-assessment tax by the due date but deposited the amount before a later date. The Income-tax Officer imposed a penalty of Rs. 22,000, which was reduced to Rs. 13,000 on appeal. The Appellate Tribunal set aside the penalty, stating reasonable grounds for the late payment. The Revenue's application for reference was dismissed by the Tribunal, leading to the current petition before the High Court.

The Tribunal's decision was based on a finding of fact, concluding that no penalty was leviable due to the circumstances presented by the assessee. The High Court, in its advisory jurisdiction u/s 256(2) of the Act, found no grounds to question the Tribunal's conclusion. It was determined that the Tribunal did not act on irrelevant material or overlook evidence on record. The Court emphasized that it cannot assess the sufficiency of evidence underlying the Tribunal's decision. Ultimately, the High Court dismissed the application for reference, with each party bearing their own costs.