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Jai Prakash Singh (Legal ... vs Commissioner Of Income-Tax on 24 March, 1977

5. We also find much force in the submission of the learned counsel for the assessee that when in law all the trustees are considered as legal representatives, then all of them ought to have been heard by the ITO before the levy of the impugned penalties. There is ample support to this submission by the judgment of the Gauhati High Court in Jai Prakash Singh's case (supra). It is evident from records that all the trustees were not heard before levy of the impugned penalties. The impugned penalty orders, therefore, suffer from the serious non-compliance of the mandatory provisions of Section 274 and Section 282 of the Income-tax Act, 1961.
Gauhati High Court Cites 14 - Cited by 43 - Full Document
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