9911796707
TMI Blog1978 (10) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... 74-75, the assessee was required to pay an advance tax of Rs. 2,489. Subsequently the assessee filed his return of income declaring an income of Rs. 52,280. The assessment was completed on 30th Nov., 1974 determining the total income at Rs. 53,210 and the tax payable thereon was Rs. 21,766. Thereafter the ITO initiated penalty proceedings under s. 273(c) of the Act against the assessee for not fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that he had not paid the advance tax in accordance with the provision of s. 212(3A) he was liable to pay the penalty. So, the AAC held that as the assessee had not paid the advance tax without any reasonable cause the ITO was justified in levying the penalty under s. 273(c) of the Act and accordingly confirmed the order passed by the ITO. It is against this order that the assessee has come up in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We are supported in our view by the decision of the Madras Tribunal in ITA No.324/Mds.)/76-77 decided on 30th June, 1977. We may also refer to the decision of the Madras High Court in the case of R.V.N. Nagappa Chettiar and others(1), where it has been held that for failure to pay advance tax in accordance with sub-s. (3) of s. 18A of the I.T. Act, 1922 penalty cannot be levied under sub-s. (9) o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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