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M/s Premier Distilleries P. Ltd Versus The Principal Commissioner of Income Tax, The Joint Commissioner of Income Tax And The Deputy Commissioner of Income Tax

2016 (2) TMI 302 - MADRAS HIGH COURT

Penalty imposed u/s 221 (1) - self assessment tax under Section 140A remained payable - denial of natural justice - Held that:- Considering the assessee's submission that the 1st respondent is erred in sustaining the levy of penalty under Section 221(1) without considering sufficient cause shown for the belated payment of self assessment tax under Section 140A for the assessment year in question and without assigning proper reasons and that the 1st respondent has failed to appreciate the unreaso .....

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ndent : Mr. T. Pramod Kumar Chopda, SPC ORDER Heard the learned counsel appearing for the petitioner and Mr.T.Pramod Kumar Chopda, learned Senior Panel Counsel for the respondents. 2. This writ petition is filed under Article 226 of the Constitution of India, challenging the order dated 13.10.2015, in and by which the plea for cancellation /deletion of the penalty imposed u/s 221 (1) of the Income Tax Act 1961 relating to the Assessment Year 2014-15, was rejected. 3. The petitioner Company is en .....

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ment of outstanding tax. The petitioner Company sought adjournment vide their letter dated 12.02.2015 for the show cause notice dated 06.02.2014 issued by the 3rd respondent. However, the 3rd respondent, proceeded to levy penalty vide his order dated 11.03.2015, exparte, by recording that the assessee company has not filed any details and also has not paid the self assessment tax. Aggrieved over the said order, the petitioner preferred a revision petition before the 1st respondent in terms of Se .....

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e petitioner would submit that the 1st respondent is erred in sustaining the levy of penalty under Section 221(1) of the Act, without considering sufficient cause shown for the belated payment of self assessment tax under Section 140 A of the Act for the assessment year in question and without assigning proper reasons. He would further add that non consideration of second proviso to Section 221(1) of the Act would vitiate the decision of the 1st respondent to sustain the levy of penalty. He woul .....

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