1989 (3) TMI 37

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..... to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was liable to pay penalty under section 271(1)(a) read with sub-section (2) of section 271 of the Income-tax Act in spite of the fact that the .....

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..... was dismissed. The second appeal filed by the assessee before the Tribunal was also dismissed. Aggrieved by the order passed by the Tribunal, the assessee sought a reference and it is at the instance of the assessee that the aforesaid question of law has been referred to this court for its opinion. Shri Goyal, learned counsel for the assessee, contended that in view of the decision of the Supre .....

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..... question of payment of any compensation did not arise when the entire amount of tax was paid by way of advance tax. This decision is not attracted in considering the question of imposition of penalty under section 271(1)(a) of the Act. In Delux Publishing Co. v. Addl. CIT [1981] 127 ITR 782 (MP) and CIT v. Bhabuti Contractor [1990] 183 ITR 445 (MP) (Misc. Civil Case No. 43 of 1983 decided on 13-3 .....

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