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2005 (7) TMI 72 - HC - Income Tax
Order made by the Commissioner of Income-tax invoking the provisions of section 263 - return was filed belatedly - "Whether Tribunal is right in law in setting aside the order made by the Commissioner of Income-tax invoking the provisions of section 263 of the Income-tax Act wherein he had directed the Income-tax Officer to consider initiation of penalty proceedings under section 271(1)(a)?" - This court does not find any infirmity in the order of the Tribunal and the Tribunal was justified in setting aside the order made by the Commissioner under section 263 of the Act wherein a direction had been issued to the Assessing Officer to consider initiation of penalty proceedings under section 271(1)(a)