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Commissioner of Income-tax Vs. Bhikaji Ramchandra - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtMumbai High Court
Decided On
Case NumberIncome-tax Reference No. 14 of 1972
Judge
Reported in(1982)28CTR(Bom)197; [1990]183ITR478(Bom)
Acts Income Tax Act, 161 - Sections 221(1)
AppellantCommissioner of Income-tax
RespondentBhikaji Ramchandra
Excerpt:
- - the finding recorded by the tribunal really is a finding fact that there was good and sufficient cause for not paying the advance tax.m.n. chandurkar, j.1. the question referred in this reference is as follows:'whether, on the facts and in the circumstances of the case, the tribunal has erred in law in deleting the penalty of rs. 1,000 levied under section 221(1) of the income-tax act, 1961?'2. on the finding recorded by the tribunal that the assessee was prevented from paying the advance tax because of financial inability, the question referred is purely a question of fact. the finding recorded by the tribunal really is a finding fact that there was good and sufficient cause for not paying the advance tax. the question is answered in the negative and in favour of the assessee. no order as to costs.
Judgment:

M.N. Chandurkar, J.

1. The question referred in this reference is as follows:

'Whether, on the facts and in the circumstances of the case, the Tribunal has erred in law in deleting the penalty of Rs. 1,000 levied under section 221(1) of the Income-tax Act, 1961?'

2. On the finding recorded by the Tribunal that the assessee was prevented from paying the advance tax because of financial inability, the question referred is purely a question of fact. The finding recorded by the Tribunal really is a finding fact that there was good and sufficient cause for not paying the advance tax. The question is answered in the negative and in favour of the assessee. No order as to costs.


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