COMMISSIONER OF INCOME TAX Vs. GAJRAJSINGH NATHUSINGH HATPIPLA

JUDGEMENT

(1.) THIS application for reference is made by the Department against the order of the Income-tax Appellate Tribunal in ITA No. 460/Ind of 1989 assessment year 1983-84 dated June 27, 1991, whereby the Tribunal held that the penalty imposed by the Departmental authorities was wrong on the factual data contained in the Departmental order and in the record whereas the record shows that the certificate issued by the Mandi Committee upon which the Department relied on was on a wrong calculation. Apparently instead of 1444.83, 1397.67 quintals of purchase was done.

(2.) ON calculation of the details of the certificate, the Tribunal came to the conclusion that factually there is a mistake in totalling by the Mandi Committee, therefore, the amount arrived at by the assessee was not correct. Hence, the penalty could not have been imposed upon the non-applicant. Another point which the Tribunal held against the Department is that the Departmental authorities who had initiated the proceeding and who had imposed the penalty did not have the jurisdiction of Rs. 10,000 by way of penalty whereas he has imposed penalty of Rs. 40,940 under Section 271(1)(c) of the Act.