COMMISSIONER OF INCOME TAX Vs. NANDA P B

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Delhi Bench 'B', has referred the following question of law for our opinion :

(2.) THE AAC of Income-tax, 'A' Range, Rohtak, levied penalty on the assessee under Section 273(a) of the I.T. Act, 1961 (hereinafter referred to as " the Act "), for the assessment year 1968-69. Against that order, the assessee filed an appeal before the Income-tax Appellate Tribunal (hereinafter called " the Tribunal "), and the Tribunal, by order dated 28th December, 1973, allowed the appeal partly and ordered that, in computing the net tax payable, besides giving credit for the advance tax paid and for tax deducted at source, the tax paid on self-assessment under Section 140A of of the Act should be excluded for the purposes of levying the penalty. THE Commissioner sought a reference on the question of law which has been enumerated above.

(3.) COUNSEL for the. asscssee could not raise any reasonable argument to take a different view and, therefore, we find that the Tribunal was in error in directing that the tax paid on self-assessment under Section 140A should be excluded or credit thereof be given to the assessee in computing the assessed tax for purposes of levying the penalty.