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1972 (12) TMI 29 - MADRAS HIGH COURTTaxation Laws (Continuation and Validation of Recovery Proceedings) Act, 1964 - tax ultimately payable less than the tax paid before the order levying penalty was passed - whether refund of penalty can be allowed Here section 3(1)(c) specifically validates the penalty orders notwithstanding that the amount of tax for non-payment of which penalty has been levied has been reduced in the final order. When the statute has specifically validated the penalty levied earlier it is not open to the petitioner to invoke equitable considerations and question the validity of the orders of penalty. In our view the respondent was justified in holding that the petitioner is not entitled to the refund of the entirety of Rs. 11,000 levied as penalty
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