Court : Orissa
Reported in : [1988]173ITR425(Orissa)
..... the question of law referred by the tribunal under section 256(1) of the income-tax act, 1961 (for short ' the act '), in all the three cases is as follows :' whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the penalty at the minimum is leviable with reference to the amended law '2. ..... there have been legislative changes from time to time regarding the measure of penalty imposable in relation to the cases referred to in clause (c) which is dealt with in clause (iii) of sub-section (1) of section 271.7. ..... chapter xxi of the act deals with the ' imposable penalties '. ..... therefore, the quantum of penalty must be determined with reference to the law prevailing on the date when the act of concealment was committed and not when the penalty proceedings were initiated or the order imposing penalty was passed, unlike proceedings for assessment of tax which were governed by the law prevailing during the assessment year.15. ..... section 271 of this chapter deals with various situations under which penalties can be imposed and reads as follows :' 271(1). ..... 21,200 and imposed penalty accordingly. .....
Tag this Judgment!Court : Orissa
Reported in : [1976]103ITR613(Orissa)
..... they again observed at page 75 thus :'unlike section 271(1) of the income-tax act, 1961, the provision of the orissa sales tax act considered by the supreme court is absolute in terms in that it rules out means rea as an essential ingredient for the imposition of penalty. ..... the income-tax officer did not accept the explanation as satisfactory and imposed a penalty of rs. ..... section 271 occurs in chapter xxi of the act under the caption ' penalties imposable ', while section 276c occurs in chapter xxii under the caption ' offences and prosecutions.'14. ..... even if a minimum penalty is prescribed, the authority competent to impose the penalty will be justified in refusing to impose penalty, when there is a technical or venial breach of the provisions of the act or where the breach flows from a bona fide belief that the offender is not liable to act in the manner prescribed by the statute. ..... when notice under section 271(1)(a) was issued to show cause why penalty would not be imposed, the assessee filed an explanation on july 11, 1967, showing cause (see annexure ' 1 ' of the writ application). ..... on the question when penalties are to be imposed, their lordships observed as follows 1:' under the act penalty may be imposed for failure to register as a dealer : section 9(1), read with section 25(1)(a) of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 42(1976)CLT89; [1976]105ITR56(Orissa)
..... , has stated these cases on applications made under section 256(1) of the income-tax act of 1961 (hereinafter to be referred to as 'the act') by the revenue and has referred the following common question for opinion of the court:'whether, on the facts and in the circumstances of the case, the tribunal was legally justified in cancelling the levy of penalty under section 271(1)(c) holding that the inspecting assistant commissioner failed to have jurisdiction to impose penalty in consequence of the amendment of section 274(2) of the income-tax act, 1961 ?'2. ..... prior to the amendment, sub-section (2) read thus : 'notwithstanding anything contained in clause (iii) of sub-section (1) of section 271, if in a case falling under clause (c) of that sub-section the minimum penalty imposable exceeds a sum of rupees one thousand, the income-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'5. ..... thus, under the scheme in chapter 21 of the act, satisfaction to initiate proceeding is either of the income-tax officer or of the appellate assistantcommissioner, while the proceeding originates with these officers when the initiating authority is the income-tax officer and the amount of penalty imposable is in excess of rs. .....
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT148
..... of the revised estimate for the year 1967-68 and budget estimate for the year 1968-69, annexure b is the notice under sections 139(2) and 133 of the income-tax act, 1961, issued by the income-tax officer, ward 'g', cuttack, to the petitioner asking it to file the return of income for the assessment year 1968-69. ..... and primary or basic education on the other ; (c) to make regulations for the purpose of prescribing and recommending any book as a text book or a handbook and to undertake compilation and publication of such books ; (d) to make regulations for imposing penalties, for acts of misconduct of students, teachers, examiners, examinees, printers of text-books or question papers and of persons connected with an examination of the board ; (e) to conduct examinations based on such courses as may be prescribed ; (f) to admit candidates ..... income from receipts from other sources as referred to in section 12(iii), and chapter viii of the regulations would certainly include profits made by the board by compilation, publication, printing and sale of text books as prescribed in section 11(c) and regulation 32(o) in chapter ..... accounts together with the auditor's report shall be published in the gazette.chapter viii of the regulations deals with the finances of the board. 17. ..... regulation 32(o) in chapter vii of the regulations prescribes that subject to the control of the board, the executive committee shall have the power to undertake the printing of text books as and when necessary on the .....
Tag this Judgment!Court : Orissa
Reported in : (1994)116CTR(Ori)466; [1994]207ITR887(Orissa)
..... on the basis of an application under section 256(2) of the income-tax act, 1961 (in short, 'the act'), filed by the revenue and pursuant to the direction given by this court, the income-tax appellate tribunal, cuttack bench (in short, 'the tribunal'), has referred the following question for adjudication by this court : 'whether, on the facts and in the circumstances of the case and in view of the provisions of section 271(2), penalty is to be calculated treating the firm as an unregistered firm when the assessee-firm committed ..... the reframed question reads as follows : 'whether penalty can be levied under section 271(1)(a) of the income-tax act, 1961, on a registered firm by treating it as an unregistered firm in terms of section 271(2) of the act when no tax is payable by the registered firm after giving credit to advance tax paid and/or tax deducted at source ?' 4. ..... accordingly, the orders imposing penalty were set aside, and the matter was remitted back to the file of the income-tax officer to make fresh adjudication in the light of the observations made. ..... the expression 'assessed tax', according to the explanation, means 'tax as reduced by the sum, if any, deducted at source under chapter xvii-b or paid in advance under chapter xvii-c. .....
Tag this Judgment!Court : Orissa
Reported in : (1994)117CTR(Ori)378; [1995]211ITR35(Orissa)
..... to the direction given by this court, on being moved by the revenue under section 256(2) of the income-tax act, 1961 (in short, 'the act'), the income-tax appellate tribunal, cuttack bench (in short, 'the tribunal'), has referred the following question for opinion :'whether, on the facts and in the circumstances of the case, the claim of deduction under sections 32 and 33 of the income-tax act on incorrect facts by an assessee which is a company registered under the companies act, amounts to concealment to attract section 271(1)(c) of the ..... assessee filed appeals before the commissioner of income-tax (appeals), orissa (in short, 'cit(a)'), and contended that the imposition of penalty was not justified. ..... following question reflects the true essence of the dispute:'whether, the tribunal was justified in concluding that the assessee's claim was bona fide and, therefore, notwithstanding disallowance of the claims during assessment, penalty was not imposable ?'14. ..... was imposed as penalty. ..... 's challenge was to the legality of the order of imposition of penalty, while the revenue assailed the reduction in thequantum.7. ..... in the course of the assessment proceeding as well as the penalty proceeding, the inspecting assistant commissioner found that the new plant, ..... the further question was whether the penalty was sustainable in view of the explanation to section ..... pleaded that even if the assessee made a legal claim, however foolish it may be, penalty cannot be sustained on making such a claim. .....
Tag this Judgment!Court : Orissa
Reported in : 74(1992)CLT202; [1992]197ITR344(Orissa)
..... (2) notwithstanding anything contained in clause (iii) of subsection (1) of section 271, if in a case falling under clause (c) of that subsection, the minimum penalty imposable exceeds a sum of rupees one thousand, the income-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.' 8. ..... ramamurty das and partners (hereinafter referred to as the 'assessee'), the following question has been referred to this court by the income-tax appellate tribunal, calcutta bench 'a', camp at cuttack (hereinafter referred to as ' the tribunal'), under section 256(1) of the income-tax act, 1961 (hereinafter referred to as the ' act '). ..... (in sub-section (2), as originally enacted, the words and brackets ' the amount of income (as determined by the income-tax officer on assessment) in respect of which the particulars have been 'concealed or inaccurate particulars have been furnished exceeds a sum of twenty-five thousand rupees' were substituted for the words' the minimum penalty imposable exceeds a sum of rupees one thousand ' by the taxation laws (amendment) act, 1970, with effect from april 1, 1971).9. ..... ' whether, on the facts and in the circumstances of the case, the income-tax officer did not have jurisdiction to pass the order dated march 30, 1979, under section 271(1)(c) of the income-tax act, 1961, and so his order is not sustainable in the eye of law ?'2. .....
Tag this Judgment!Court : Orissa
Reported in : 42(1976)CLT263; [1976]104ITR73(Orissa)
..... made under section 256(1) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), the income-tax appellate tribunal, cuttack bench, has stated this case and referred the following question for opinion of the court:'whether, on the facts and in the circumstances of the case, the appellate tribunal is justified in cancelling the levy of penalty under section 271(1)(c) of the income-tax act, 1961, as barred by limitation by holding that the amendment to section 275 of the act being operative from april 1, 1971, does ..... section 275 before its amendment provided thus:' no order imposing a penalty under this chapter shall be passed after the expiration of two years from the date of the completion of the proceedings in the course of which the proceedings for the imposition of penalty have been commenced.'4. ..... provision reads thus :' no order imposing a penalty under this chapter shall be passed - (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the appellate assistant commissioner under section 246 or an appeal to the appellate tribunal under sub-section (2) of section 253, after thy expiration of a period of- (i) two years from the end of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, arc .....
Tag this Judgment!Court : Orissa
Reported in : [2004]134STC62(Orissa)
..... of the division bench of this court referred to above was based on the conclusion of the allahabad high court in purshottam dayal varshney's case : [1974]94itr187(all) where interpreting chapter xix of the income-tax act, specially sections 241 and 244 of the said act, it was concluded that the power withholding refund covers the cases where remand proceedings are pending after the assessment order is set aside. ..... : [1974]94itr187(all) , which was a case under the income-tax act, this court came to the following conclusion :'in view of what we have said above, it follows that with the setting aside of the assessments by the member, additional sales tax tribunal, the amounts paid by the assessee-petitioner against demands which have been set aside become refundable and the petitioner's applications, therefore, were ..... by such dealer in excess of the amount due from him under this act, either by cash payment or by deduction of such excess from the amount of tax, penalty or interest due in respect of any other period : provided that no claim to refund of any tax, penalty or interest paid under this act, shall be allowed unless it is made within twenty-four months from the date on which the order of assessment or order imposing penalty, as the case may be, was passed or from the date of ..... pertinent to note that similar provision was there in section 241 of the income-tax act, 1961 before its substitution by the direct tax laws (second amendment) act, 1989 with effect from april 1, 1989. .....
Tag this Judgment!Court : Orissa
Reported in : [1974]93ITR140(Orissa)
..... is a reference made by the income-tax appellate tribunal under section 256(1) of the income-tax act of 1961 (hereinafter referred to as 'the act'), of the following question at the instance of the revenue: 'whether, on the facts and circumstances of the case, the penalty imposed by the income-tax officer on the assessee under section 221(1) of the act was validly imposed ?' 2. ..... even if by the date penalty came to be imposed he had satisfied the entire demand outstanding against him, the past default could not be automatically condoned and it was still open to the income-tax officer to penalise the assessee for the past default; (2) under the provisions of section 221(1) of the income-tax act it was obligatory for the income-tax officer to levy penalty though he has discretion in regard to the quantum of penalty to be levied ; and (3) the tribunal has gone wrong in holding that ..... assessee indicates in his return the amount of advance tax paid by him and under section 219 of the act: 'any sum, other than a penalty or interest, paid by or recovered from an assessee as advance tax in pursuance of this chapter shall be treated as a payment of tax in respect of the income of the period whichwould be the previous year for an assessment for the assessment year next following the financial year in which it was payable, and credit therefor shall be given to the assessee in ..... chapter xvii of the act deals with collection and recovery of tax and that chapter has been divided into various .....
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