9911796707
TMI Blog1970 (8) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... had failed to furnish an estimate as required u/s 18A(3) - penalty u/s 18A(9)(b) - person who has been provisionally assessed is not a person who had not hitherto been assessed - therefore, he is not liable to submit and estimate u/s 18A(3) - penalty not imposable X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer. He held that there was a breach of sub-section (3) of section 18A of the Act. Consequently, the assessee was liable to a penalty under clause (b) of sub-section (9) of section 18A of the Act. Penalty amounting to Rs. 51,094 was imposed upon the assessee. The assessee appealed from the order imposing penalty, and succeeded before the Appellate Assistant Commissioner. He cancelled the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rto been assessed shall, before the 15th day of March in each financial year .... send to the Income-tax Officer an estimate of the tax payable by him ....... " It will be seen that the operation of sub-section (3) of section 18A was confined to persons who had not hitherto been assessed. The question, therefore, arises whether in the present case the assessee was a person who had not hitherto be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho had " not hitherto been assessed ", and was, therefore, not liable to submit an estimate under section 18A(3) or pay the tax. The present case is on all fours with the case of Mani Ram referred to above. In the instant case, admittedly, the assessee was assessed for the assessment year 1956-57 under section 23B on August 30, 1956, before the 15th of March, 1957. Consequently, the assessee's c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
