TMI Blog1990 (3) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... presentative and have perused the material placed before me. 3. The proceedings relate to asst. yr. 1978-79. The ITO has levied a penalty of Rs. 8,779 as, according to him, the assessee failed to furnish a statement of advance tax in accordance with the provisions of cl. (a) of sub-s. (1) of s. 209 of the IT Act. The assessee had admittedly not filed any estimate of advance tax. The assessee pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis of the levy of penalty in question, having been enacted w.e.f.1st June, 1978, was not in force at the relevant time and, therefore, there could be no obligation on the assessee for compliance thereof. Under the law as it existed prior to the enactment of s. 209A, only a person who had not been assessed by way of a regular assessment, was to file an estimate of advance tax if his income w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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