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2006 (2) TMI 121 - HC - Income TaxPenalty u/s 271(1)(a) - penalty on partner - "Whether Tribunal was justified in canceling the penalty order passed under section 271(1)(a) in the case of the partners for the reasons that partnership had already been penalised on this account?" - there is no finding that the assessee was responsible for the delayed finalisation of the accounts of the firm nor is there a finding that she was responsible for the delay in filing the return of the firm. Since the assessee had no other independent income apart from the share income from the firm, the levy of penalty on the assessee was not justified. That apart, without relevant particulars of the share income from the firm, the assessee would not have been in a position to file the return. - we hold that the Appellate Tribunal was justified in cancelling the penalty imposed under section 271(1)(a)
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