| Citation(s) |
|---|
| 1989 SLG 184 1989 SLD 184 1989 PTD 1333 |
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
Income-tax Act (XI of 1922)---S.28--Penalty--Levy of penalty after inordinate delay is not proper--Penalty has to be levied within a reasonable time--Period of nine years, held , was not reasonable period. JUDGMENT 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 eligible in the assessee's 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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