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Case Law Details

Case Name : Aparna Agency Ltd. v. Income-tax Officer (ITAT Kolkata)
Appeal Number : ITA No.1010/Kol/2014
Date of Judgement/Order : 01.03.2017
Related Assessment Year : 2010-11
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As far as the disallowance of penalty of Rs.3000 imposed for minor violations is concerned, it is necessary to see the provisions of Sec.119 of the Motor Vehicles Act, 1988 (MV Act), in the light of the various violations for which the payment in question was made by the Assessee. Some of the Sections of the MV Act which have been quoted in the bills evidencing payment of the aforesaid sums reads thus:

‘119.  Duty to obey traffic signs.—

(1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place.

(2) In this section “mandatory traffic sign” means a traffic sign included in Part A of the First Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc displaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 116.”

“SECTION 177 IN THE MOTOR VEHICLES ACT, 1988

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