Law:

Section:

Section 212 [Corresponding to section 18A of the Indian Income-tax Act, 1922], read with section 273 of the Income-tax Act, 1961 - Advance tax - Estimate by assessee - Assessment year 1961-62 - Assessee, an ordinary citizen, failed to file estimate of her income which she was required to do so under 1922 Act - ITO levied penalty under 1961 Act - In similar circumstances, such penalty was waived off against Central Minister - Whether Tribunal should examine feasibility of imposing penalty on merits and do not treat ordinary citizen differently from a Minister - Held, yes FACTS The assessee, an individual, had failed to file an estimate of income under the 1922 Act. The ITO levied penalty against the assessee under the 1961 Act. On appeal, the AAC confirmed the order of the ITO. On second appeal, the Tribunal set aside the order of the AAC. On reference: HELD In view of the decision of the Supreme Court in Jain Brothers v. Union of India [1969] 74 ITR (Sh. N) 18, it was held that on the facts and in the circumstances of the case, the penalty could be levied under section 273 of the 1961 Act, for the assessee's default under section 18A(3) of the 1922 Act. Following the rule laid down as to the powers of the High Court to issue directions in the decision of the Supreme Court in CIT v. Jubilee Mills Ltd. [1968] 68 ITR 630 , the Tribunal was directed to examine feasibility of imposing a penalty after examining the merits of the case and…

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