COMMISSIONER OF INCOME-TAX Vs. BELIMATHA MAHA SAMSTHANA

JUDGEMENT

(1.) I.A.I/2008 is filed under Section 5 of the Limitation Act, for condonation of 86 days delay in filing the appeal. For the reasons stated in the affidavit filed along with the application, delay of 86 days is condoned and the application is ordered.

(2.) RESPONDENT is served and represented by Sri A. Shankar, learned counsel.

(3.) IT is now submitted that assessment was subject matter of appeal and the matter had reached this court by way of appeal at the instance of the assessee and this court had occasion to set aside the order determining the additional tax by way of assessee's total income and therefore in this view of the development, the penalty, which is only a sequel to the assessment proceedings, is now set aside automatically.