TMI Blog2003 (12) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... yment of tax is essentially a question of fact. The impugned order does not involve any question of law, much less a substantial question of law. – Assessee’s appeal dismissed - - - - - Dated:- 2-12-2003 - Judge(s) : D. K. JAIN., MADAN B. LOKUR JUDGMENT The judgment of the court was delivered by D.K. Jain J. -This appeal by the assessee under section 260A of the Income-tax Act, 1961 (for short "the Act"), is directed against the order, dated June 23, 2003, passed by the Income-tax Appellate Tribunal, Delhi Bench, New Delhi (for short "the Tribunal"), in W.T.A. No. 1144/Delhi of 1997, pertaining to the assessment year 1981-82. By the impugned order, the Tribunal has upheld the levy of penalty on the assessee under section 140A(3) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Taxation Laws (Amendment) Act, 1975, with effect from April 1,1976, read as follows: (1) Where any tax is payable on the basis of any return required to be furnished under section 139 or section 148, after taking ink) account the amount of tax, if any, already paid under any provision of this Act, the assessee shall be liable to pay such tax before furnishing the return and the return shall be accompanied by proof of payment of such tax.. . (3) If any assessee fails to pay the tax or any part thereof in accordance with the provisions of sub-section (1), the Income-tax Officer may direct that a sum equal to two per cent, of such tax or part thereof, as the case may be, shall be recovered from him by way of penalty for every month during wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al has found that a bare statement by the assessee that he did not have sufficient funds to make payment towards self-assessment tax, could not be believed as non-payment for 19 years was highly improbable for not arranging the funds. We also find that the Commissioner of Income-tax (Appeals), while confirming the levy of penalty, had observed that two show cause notices were issued to the assessee before levy of penalty but these evoked no response from the assessee. It was before the Commissioner that the assessee had taken the plea that he did not have the liquid funds to pay the tax. Be that as it may, as noted supra, the question whether, on the facts and circumstances of the case, there was a reasonable cause for non-payment of tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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