9911796707
TMI Blog1983 (5) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... or the asst. yrs. 1974-75 and 1975-76 under the other order. Involving a common point, all the appeals are consolidated and are disposed of together. In all these cases, a common fact is that penalty orders for non-payment of tax on self- assessment u/s 140A were passed beyond several years from the date of original return as well as from the date of revised return. The revised returns were filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these facts, the Hon ble Andhar Pradesh High Court held that there was inordinate delay and the penalty was not levied within the reasonable time, no penalty was exigible in the case. In (1970) 75 ITR 698 (All) in the case Bisheshwar Lal, the Hon'ble Allahabad High Court while exercising jurisdiction u/s. 226 of the Constitution held that the authority was not justified to proceed with the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons to hold that if the penalty proceedings are not concluded within a reasonable time, then no penalty would be exigible. Penalty proceedings are also pressed into service as a corrective measure and this idea can be achieved only when the offender is punished within a reasonable time so that he may not repeat the offence in the next following years. This can also be achieved only when the penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ITO initiated penalty proceedings, within a reasonable time, then the recovery of the tax would have been expediated. The basic idea of recovering the tax expeditiously from the assessee on self assessment was frustrated due to considerable delay on the part of the ITO. Relying on the authorities, supra, we hold that there being considerable delay on the part of the ITO in these cases initiatin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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