1997 (10) TMI 96

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..... Act, 1961 and relates to the assessment year 1989-90. 2. I have heard the rival submissions in the light of material placed before me and precedents relied upon. It is prescribed under proviso to section 272A(2) : " that the amount of penalty for failures in relation to returns under sections 206 and 206C shall not exceed the amount of tax deductible or collectible, as the case may be ". This pro .....

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..... to the credit of the Central Government within time. There is no dispute on this aspect. Further assessee was required to give information of such deposit on a prescribed form. Such form could not be furnished. It was stated that assessee was labouring under a bona fide belief that no such requirement was there to furnish the form. The default caused due to the non-furnishing of the form is excusa .....

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..... nguage was whether a Government which did not have justice as objective was really anything more than a venture in large scale gangsterism. 6. To mitigate the rigour of the dictum " IGNORENTIA LEGIS NON EXCUSAT ", and to promote the cause of justice another dictum was prescribed : " DE NON MINIMIS CURAT LEX " (Law does not take into account trivialities). 7. Levy Ullmann, the great French jurist .....

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