1989 (10) TMI 12

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..... the Commissioner of Income-tax in revision under section 264 of the Act. Notice of motion was ordered by S. Ramalingam J. on July 21, 1989. Mr. C. V. Rajan, Government Advocate, appears for the Department. He points out the amendment made to section 139 of the Income-tax Act under the Taxation Laws .(Amendment) Act, 1970, with effect from April 1, 1971. Under the amended-provision, the levy of .....

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..... es imposing a penalty see the decisions reported in Express Newspapers (P.) Ltd. v. ITO [1973] 88 ITR 255 (Mad) and Kodur Orange Produce Co. v. CIT [1977] 110 ITR 124 (Mad). There are no merits in the contention raised by learned counsel for the petitioner stating that once the assessing authority has extended the time, it should be presumed that penalty is not leviable. The writ petition will, th .....

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