COMMISSIONER OF INCOME TAX Vs. C.A. TAKTAWALA

JUDGEMENT

(1.) IN all these appeals as the controversy involved is common, they are taken up for hearing and disposal together.

(2.) THE issue relates to levy of penalty under ss. 271(1)(a), 271(1)(c) and 273(2)(a) of the IT Act, 1961 (the Act). For the present it is not necessary to specify the penalties levied year -wise. Suffice it to state that various penalties relate to asst. yrs. 1982 -83 to 1985 -86.

(3.) ORIGINALLY when the appeals had come up for hearing, the following question was proposed by appellant -Revenue : "Whether the Tribunal is right in law and on facts in cancelling the penalty levied under ss. 271(1)(c), 271(1)(a) and 273 (2)(a) of the IT Act, on the ground that benefit under the amnesty scheme was available to the assessee, when subsequent to search operation, the assessee itself had revised its returns on a number of time, which would go to show that the return was not voluntary - carried the matter in appeal before the apex Court and the following order has been made by the apex Court on 12th