9911796707
TMI Blog1978 (3) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... rred to as " the Act ", the Addl. CIT, Madhya Pradesh, Bhopal, has prayed that the I.T. Appellate Tribunal, Indore Bench, Indore, be required to state the case and refer to this court the following questions of law : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in ignoring the provisions of s. 275 as substituted by s. 50 of the Taxation Laws (Amendm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 22nd January, 1972, under s. 271(1)(c) of the Act. On an appeal before the Tribunal, it was urged on behalf of the assessee that the assessment proceedings for the year 1968-69 were completed on 9th December, 1969, and in view of the provisions of s. 275 of the Act prescribing the period of limitation, the order of penalty paseed by the IAC on 22nd January, 1972, was illegal. This preliminary ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d question was implicit in the question of limitation which the Tribunal had considered. Shri Chitale, learned counsel for the assessee, therefore, very fairly conceded that the question as to whether the order of penalty could be held to be illegal in view of the provisions of s. 275 of the Act, as amended by s. 50 of the Taxation Laws (Amendment) Act, 1970, arose in the case. Learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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