Court : Orissa
Reported in : 46(1978)CLT135
Acharya, J. 1. O. L. R. Appeal No. 58 of 1976, filed by the petitioner before the Additional District Magistrate, Puri, was dismissed on 23-6-77. Against the said order the petitioner filed O.L.R. Revision No. 206 of 1977 before the Revenue Divisional Commissioner, Central Division, Cuttack (opposite party No. 1) on 20-8-77 on various grounds. Along with the said revision petition the petitioner filed a petition under Section 5 of the Limitation Act. Opposite party No. 1 by his order dated 19-9-77 has dismissed that revision on the ground that the said revision was not filed within the period of limitation. This writ petition has been filed against the said order of dismissal.2. The learned Revenue Divisional Commissioner has found that the limitation now prescribed for filing such a revision petition is 30 days, and as the revision petition was not filed within that period it is barred by limitation. The question as to whether the revisionpetition was to be filed within a period of 60...
Tag this Judgment!Court : Orissa
Reported in : [1979]118ITR1012(Orissa)
R.N. Misra, J. 1. Petitioner, an assessee, under the I.T. Act of 1961 (hereinafter referred to as ' the Act'), assails the imposition of penalty of Rs. 10,000 on him under Section 271(1)(c) read with Section 274(2) of the Act by the IAC of Income-tax, opposite party No. 2, for the assessment year 1968-69. Assessee holds a moiety share in a registered firm by name M/s. Capital Watch and Radio Emporium. For the assessment year 1968-69, the ITO found the assessee to have invested a sum of Rs. 22,000 in his capital account. He accepted the assessee's explanation to the extent of Rs. 12,000 and treated a sum of Rs. 10,000 as income from unexplained sources and directed initiation of penalty proceedings under Section 271(1)(c) of the Act by his order dated April 8, 1969. The records were transmitted to the IAC interms of Section 274(2) of the Act. While the proceedings were pending, by the Taxation Laws (Amendment) Act of 1970, which came into force from April 1, 1971, the provision in Secti...
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