9911796707
TMI Blog1983 (5) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act on the ground that the impugned penalty proceedings were initiated in the course of re-assessment proceedings. As the facts and grounds of appeal are common, the two appeals are consolidated and disposed of by a single order for the sake of convenience. 2. In the case of the assessee, Shri Gokuldas H. Parikh of Bombay, the ITO found in the course of re-assessment proceedings initiat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... veral judicial decisions Ced before him and especially the decision of the Patna High Court in the case of CIT vs. Ram Chandra Singh (1976) 104 ITR 77 (Pat) and he cancelled the orders of penalty. Hence, the present appeals. 3. Before us, Shri Nambiar, the ld. departmental representative, submitted that the expression "regular assessment" would cover the cases of reassessment undertaken u/s 147( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eas there is a clear definition of that expression in s. 2(40) of the IT Act, 1961, under which the penalty orders u/s 273(c) were passed in the assessee's case. In this regard, the ld. counsel of the assessee referred to the recent judgement of the Bombay High Court in D. Swarup, ITO vs. Gammon India Ltd. (1982) 28 CTR (Bom) 264. In this case, their Lordships of the Bombay High Court have disting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not define the words "regular assessment." In view of the definition of these words in section 2(40) under the accepted cannons the construction wherever these words are used, the meaning given in the definition clause must be substituted. This has also to be considered in the light of the fact that at several places the assessment under section 143 or 144 has been used in contradistinction with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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