1993 (10) TMI 33

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..... t year 1977-78: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the penalty of Rs. 4,880 levied under section 271(1)(a) of the Income-tax Act, 1961 ?" The brief facts of the case are that the Income-tax Officer, Sawaimadhopur, issued a notice to the assessee under section 274 read with section 271 as to why penalty be not imposed for not fil .....

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..... . We have considered the matter. The law is well-settled on the point even by this court in the case of CIT v. Builders Engineers Co. [1989] 175 ITR 317, and in view of the fact that the assessee had paid the entire amount of tax, the delay was only in submitting the return, the tax was paid at source or was paid as advance tax, the Income-tax Appellate Tribunal was justified in coming to the co .....

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