COMMISSIONER OF INCOME-TAX VS SOCIETY HOSIERY FACTORY
1991 P T D 155
[Punjab and Haryana High Court (India)]
Before Gokal Chand Mital and S.S. Sodhi, JJ
COMMISSIONER OF INCOME-TAX
versus
SOCIETY HOSIERY FACTORY
Income-tax Reference No. 207 of 1980, decided on 21/11/1988.
Income-tax---
----Penalty---Jurisdiction to impose penalty ---IAC is competent to pass order of penalty after 1-4-1976 in relation to assessment year 1973-74:
Held, that, on the facts and in the circumstances of the case, the Inspecting Assistant Commissioner was legally competent to pass the order of penalty after April 1, 1976 in respect of the assessment year 1973-74.
CIT v. Mohinder Lai (1987) 168 ITR 101 (P & H) fol.
CIT v. Mela Ram Jagdish Raj & Co. (1981) 132 ITR 897 (P & H) ref.
Ashok Bhan and Ajay Mittal for the Commissioner.
JUDGMENT
S.S. SODHI, J.---The question of law referred for the opinion of this Court is as under:--
"Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the Inspecting Assistant Commissioner was not legally competent to pass the penalty order after April 1, 1976?"
The matter raised here is covered by the reasoning as set forth in the judgment of this Court in CIT v. Mela Ram Jagdish Raj & Co. (1981) 132
ITR 897, which was later affirmed by the Full Bunch of this Court in CIT v. Mohinder Lal (1987) 168 ITR 101. Following these judgments, the reference is answered in the negative, in favour of the Revenue and against the assessee. There will be no order as to costs.
Z.S./800/TOrder accordingly.