V.K. Gupta, A.M. - (1.) THESE appeals arising out of consolidated order dated 12-6-2002 of Commissioner of Income Tax (Appeals), Mumbai for assessment years 1995-96 to 1998-99, involve common issues and belong to the same assessee and, therefore, these were heard together and are being disposed of through this consolidated order for the sake of convenience.
(2.) We have heard both the parties and have also perused the material on record. In all these appeals following common issues are involved "1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) erred in holding that the revised return filed by the assessee was a valid return. 2. On the facts and circumstances of the case while deleting the penalty under section 271C, the learned Commissioner of Income Tax (Appeals) failed to appreciate that the revised return was filed by the assessee after the default in deduction of tax at source was detected and brought to the notice of the assessee by the assessing officer. 3. On the facts and in the circumstances of the case the Commissioner of Income Tax (Appeals) erred in holding that the provisions of section 271C are not applicable to assessee's case as the assessee had deducted and paid the taxes in Government Account prior to completion of assessment proceedings under section 201(1) of the Income Tax Act, 1961."
(3.) BRIEFLY stated facts of the case are that the assessee filed annual salary return in the prescribed form for the impugned years which were subsequently revised by the assessee. The assessee deposited short deducted tax as well as interest thereon under section 201(1A) of the Act. The assessing officer passed order under section 201(1) and 201(1A) of the Act on 6-2-2001. In the order under section 201(l) penalty proceedings under section 221(1) of the Act had been initiated. In the order under section 201(1A) of the Act an additional interest liability was worked out which was deposited by the assessee.;