1993 PLP 1393 (PTD)
ADDITIONAL COMMISSIONER OF INCOME-TAX Versus BADRI PRASAD KASHI PRASAD
| Citation | 1993 PLP 1393 (PTD) |
| Forum / Court | 200 I T R 206 |
| Bench Members | Om Parkash and R.K Gulati, JJ |
| Parties | ADDITIONAL COMMISSIONER OF INCOME-TAX Versus BADRI PRASAD KASHI PRASAD |
| Primary Law | Penalty |
Q1: What are the key laws and sections cited in 1993 PLP 1393 (PTD)?
This judgment primarily cites: Penalty as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1393 (PTD)?
The case was heard and decided by the 200 I T R 206 bench comprising: Om Parkash and R.K Gulati, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1393 (PTD) (ADDITIONAL COMMISSIONER OF INCOME-TAX Versus BADRI PRASAD KASHI PRASAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Levy of penalty based on addition to income of assessee by I.T.O.
Indian Income Tax Act, 1961, S.271(1)(c). Held, that the levy of penalty was based on the addition to income made by the Income-tax Officer. The addition was deleted by the Tribunal. Hence, the Tribunal was justified in cancelling the penalty.
Judgment & Decree
Income-tax Reference No.187 of 1980, decided on 10th August, 1992.
Levy of penalty based on addition to income of assessee by I.T.O.
Indian Income Tax Act, 1961, S.271(1)(c). Held, that the levy of penalty was based on the addition to income made by the Income-tax Officer. The addition was deleted by the Tribunal. Hence, the Tribunal was justified in cancelling the penalty. At the instance of the Revenue, the following question has been referred to this Court for its opinion: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the penalty of Rs.5,000 imposed under section 271(1)(c) of the Income Tax Act, 1961?" The Income-tax Officer' made an addition of Rs.29,673 which was credited to the Amanat Khata by the assessee, rejecting the plea of the assessee that the said amount was held thereby as a trustee. Also penalty to the extent of Rs.5,000 was levied treating that amount as concealed income, .under section 271(1)(c) of the Income Tax Act, 1961. From the order of the Appellate Tribunal, it is amply clear that addition of Rs.29,673 has been deleted. No information has been furnished to us by standing counsel whether the Revenue has gone in reference in the quantum matter and, therefore, the addition of Rs.29,673 having been deleted, the penalty imposed under section 271(1)(c) cannot survive. On these facts, we answer the above question in the affirmative, against the Revenue and in favour of the assessee. No order as to costs. M.BA./2378/T Reference answered.