Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2011 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (8) TMI 450 - AT - Income TaxBlock Assessment - Notice u/s.143(2) - Limitation - The appellant had disclosed only Rs.15.00 lakhs under the block return filed by it, whereas the AO assessed u/s. 158 BC(c) the undisclosed income at Rs. 4.71 crores - The assessee's counsel has taken a plea before the Bench that since the notice u/s. 143(2) was issued only on 15/10/2001 i.e. after the lapse of more than one year from the date of filing of block return on 19/07/2000, the entire block assessment order is time barred - The AO himself has admitted that such notice was not served within the time allowed in law - Decided in favour of assessee As regarding thr exemplary costs - Held that:- there cannot be a fitter case for imposition of exemplary costs on the learned Departmental Representative, who is responsible for such a M.A. and for wasting the time of the Tribunal by raising frivolous arguments and making blatantly false submissions - The cost should have to be recovered from the salary of the delinquent employee, who is responsible for such actions and entry made in his service record on the adverse comments made against the revenue by the Tribunal - We however refrain from doing so in the hope that such indiscretion would not be repeated in future and also in view of the letter of apology filed by the revenue - Find no merits in the case sought to be pleaded by the Revenue and therefore dismiss the miscellaneous applications.
|