| Citation(s) |
|---|
| 1976 SLG 21 1976 SLD 21 (1977) 35 TAX 26 |
R.C. No. 8 of 1970, decision dated: 5.11.1971
CHINAPPA REDDY AND A.D. V. REDDY, JJ
S. Dasaratharama Reddy for the assessee. P. Rama Rao for the Commissioner
K.P. NARAYANAPPA SETTY & Co
VS
COMMISSIONER OF INCOME TAX, A.P
Law: Income Tax Act, 1922
Section: 28
[Indian Income tax Act, 1922(XI of 1922)].......Section 28-Penalty-Levy of penalty after inordinate delay- Whether proper-Held no- Whether penalty should be levied within reasonable time-Held yes. ORDER [The judgment of the court was delivered by A.D.V. REDDY J,]-The question referred to us by the Appellate Tribunal is as follows "Whether, on the facts and in the circumstances of the case, any penalty was exigible in the assessees case for the assessment year 1946- 47?" For the assessment year 1946-47 the assessee was assessed to a certain sum of tax and the assessment became final on July 24, 1954. But there was no order levying penalty in his case till July 1, 1963. Though no period for levying the penalty has been fixed in the Indian Income-tax Act, 1922, it has been held by this court that there should not be any inordinate delay and it…
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