Allowing the appeal the Court held the assessee had committed a default in respect of the assessment year 2007-08 and did not pay the tax on account of financial hardship. However, the authorities under the Act had taken into account the facts in respect of the assessment year 2007-08 and had held the assessee to be in default in respect of the assessment year 2008-09 and had levied the penalty under section 221 of the Act in respect of the assessment year 2008-09. The mistake could not be condoned under section 292B of the Act under which only clerical error or accidental omissions can be protected. The order of penalty was not valid. (AY.2008-09)