Held, dismissing the appeal, that considering the definitions contained in section 2(28C) read with section 274(2) of the Act “Joint Commissioner” means a person appointed to the post of Joint CIT and includes the Additional CIT. Since the approval of the Additional Commissioner had been obtained, there was no reason to interfere with the findings recorded by the High Court on the powers of the Additional Commissioner to grant the approval sought by the Assessing Officer for imposing penalty under section 271(1)(c) of the Act. (AY. 1998-99)
Gyan Chand Jain v. CIT (2022) 443 ITR 241 / 213 DTR 71/ 326 CTR 241 /287 Taxman 87 (SC)
S. 271(1)(c) : Penalty-Concealment-Sanction of Joint Commissioner-Definition-Includes Additional Commissioner-Sanction of Additional Commissioner obtained-Penalty proceedings validly initiated. [S.2(28C), 260A, 271(1)(c), 274(2)].