9911796707
TMI Blog1987 (4) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... 80. For this assessment year, the assessee filed an estimate of advance tax on 15th March, 1979 estimating the total income at Rs. 26,200 and the tax thereon after deducting advance payment of tax at Rs. 6,882. The ITO, however, in the course of the assessment proceeding held that the estimate filed by the assessee was what the assessee knew or had reason to believe to be untrue. He, therefore, im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f advance tax as required by s. 209A(1)(a). Proceeding further Shri shah submitted that when there was no liability to file a statement under s. 209A(1)(a), the provisions of sub-s. (2), sub-s. (3) or sub-s. (4) of s. 209A are not attracted and, therefore, event if the assessee filed an estimate of advance tax and paid tax base thereon, this could be no ground for imposing a penalty when if he had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply where the assessee estimates the advance tax on the basis of its current income being less than what is payable according to the statement under s. 209A(1) and these sub-section will, therefore, not be applicable in the assessee's case. Sub-s. (4) of s. 209A applies only where an assessee is liable to pay advance tax under sub-s. (1) or sub-s. (2) or, as the case may be, under sub-s. (3) and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tract penalty. In this connection it might perhaps not be out of place to mention here that as laid down by the Hon'ble Supreme Court in the case of Hindustan Steel Ltd. vs. State of Orissa (1972) 83 ITR 29 (SC), penalty for failure to comply with a statutory obligation is the result of a quasi-criminal proceeding and, therefore, whether penalty should be imposed is a matter of discretion to be ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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