Gajanand Harlalka And Sons vs Commissioner Of Wealth-Tax And Ors. on 2 February, 2001
14. Other consideration of non-payment of penalty is wholly immaterial. The only point to be considered is whether tax has been paid or payment of tax has been arranged properly or not. In this case it appears that the petitioner has paid tax for the assessment year 1970-71. Sadly enough the Commissioner has equated payment of penalty with the tax and interest. Payment of penalty or interest cannot take place of payment of tax as it has been held in the case of Debabrata Basu v. State of West Bengal by the decisions of this court reported in [1980] 84 CWN 90 ; Debabrata Basu v. State of West Bengal [1981] 85 CWN 133 and Hindustan Motors Ltd. v. CIT . So, the reasons given by the Commissioner are patently absurd for the aforesaid assessment year.