9911796707
TMI Blog1995 (8) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... hy an order imposing penalty under section 271(1)(c) of the Income-tax Act, 1961 (for short " the Act "), be not passed against him and also quashing an order dated April 15, 1993 (contained in annexure-11 to the writ petition), whereby the Tribunal, respondent No. 1, refused to stay proceedings under section 271(1)(c) of the Act initiated against the petitioner. The short facts leading to this petition are as under : The petitioner is an assessee under the Act and was assessed for the years 1990-91 and 1991-92 by the Assessing Officer, against which he preferred appeals which were decided by a consolidated order dated August 14, 1992 passed by respondent No. 2. By the order dated August 14, 1992, respondent No. 2 held that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecause for the same assessment year, i.e., 1991-92, notice dated August 14, 1992, was already issued by respondent No. 2 and since the proceedings under section 271 of the Act entail penal consequences and are penal in nature, issuance of two parallel notices under section 271 of the Act for the same assessment year 1991-92 by respondent No. 2 and by respondent No. 4 both is barred by the principle of double jeopardy. It is further submitted that since issuance of notice by respondent No. 4 is without jurisdiction, even without complying with the doctrine of exhaustion of alternative remedy available to the assessee under the provisions of the Act, the assessee can invoke the extraordinary jurisdiction of this court and for this purpose, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained in annexure-11 to the writ petition, learned counsel for the petitioner contended that though the Tribunal held that it is empowered to stay the proceedings, yet it refused to stay the same ; therefore, the order passed by the Tribunal is bad in law and liable to be quashed. In this respect, we may observe that to have power is one thing and to exercise the same is quite another. Indeed, the Tribunal has powers to stay the proceedings but that power has to be exercised by the authority concerned considering the settled norms in that regard. Granting or refusing stay is discretionary ; therefore, if the order is passed considering settled norms, the same cannot be said to have been suffering from any legal infirmity or jurisdictional ..... X X X X Extracts X X X X X X X X Extracts X X X X
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