High Court Of Delhi
Commissioner Of Surtax vs. Indo European Machinery Co. (P) Ltd.
Sections Surtax 9
Arijit Pasayat, C.J. & D.K. Jain, J.
Surtax Ref. No. 3 of 1982
23rd August, 2001
Counsel Appeared
Sanjiv Khanna with Ajay Jha, & Ms. Prem Lata Bansal, for the Revenue : S.C. Mathur, for the Assessee
JUDGMENT
BY THE COURT :
The following question has been referred under s. 256(1) of the IT Act, 1961, read with the provisions of the Companies (Profits) Sur-tax Act, 1964, by the 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 s. 5 of the Companies (Profits) Surtax Act, 1964, no penalty is attracted under s. 9 of the said Act is legally correct ?”
2. We had the occasion to deal with a similar case in Surtax Ref. No. 2 of 1982 [reported as Commr. of Surtax vs. International Airport Authority of India (2002) 173 CTR (Del) 69—Ed.]. Following the view expressed in that case, we answer the question in the affirmative, in favour of the assessee and against the Revenue.
[Citation : 254 ITR 560]