232.
The Assistant Commissioner issued a show cause notice on 1.4.2017
on the taxable person demanding:
Tax not levied= 30,000
Interest u/s 50
Penalty =100% tax or if paid within
30 days then 10% of tax or 10,000 (whichever is more)
Representations
were made & the proper officer re-calculated the tax
liability as follows:
Tax
= nil
What
shall be the liability of thetaxable
person? Is he required to pay any penalty
thereon. (section 73)
The taxable person has made representation to the officer along with documents.
The officer recalculated the tax liability of the assessee & concluded that
there exists no tax liability on the aseessee.
Since
no tax liability exists on the
assessee, therefore, the question of levy of any interest & penalty thereon
doesnot arise. Thus he is not liable to pay any amount.