Commissioner Of Surtax vs Indo European Machinery Co. (P.) ...
2001 Latest Caselaw 1243 Del

Citation : 2001 Latest Caselaw 1243 Del
Judgement Date : 23 August, 2001

Delhi High Court

Commissioner Of Surtax vs Indo European Machinery Co. (P.) ... on 23 August, 2001

Equivalent citations: 2002 254 ITR 560 Delhi

Bench: A Pasayat, D Jain

JUDGMENT

1. The following question has been referred under Section 256(1) of the Income-tax Act, 1961, read with the provisions of the Companies (Profits) Surtax Act, 1964, by the Income-tax Appellate Tribunal, Delhi Bench :

"Whether, the order of the Tribunal that when once the return was filed under one or the other of the three sub-sections in Section 5 of the Companies (Profits) Surtax Act, 1964, no penalty is attracted under Section 9 of the said Act is legally correct ?"

2. We had the occasion to deal with a similar case in Surtax Reference No. 2 of 1982 (see CIT v. International Airport Authority of India [2002] 254 ITR 159 (Delhi). Following the view expressed in that case, we answer the question in the affirmative, in favor of the assessed and against the Revenue.

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