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Issues involved: Interpretation of u/s 139(2) for extension of time to file return, validity of applications filed after due date, imposition of penalty u/s 271(1)(a).
In the judgment, the High Court of PUNJAB AND HARYANA addressed a case where a penalty was levied on an assessee for failing to file a return within the specified time frame. The assessee had filed applications for extension of time after the due date, but no orders were passed on those applications. The Appellate Assistant Commissioner reduced the penalty considering the extension sought by the assessee. However, the Tribunal held the applications invalid as they were filed after the prescribed time, and upheld the penalty from the original due date of the return. The court analyzed u/s 139(2) which allows for extension of time for filing a return on application. It was noted that the assessee had filed applications in the prescribed form, even though they were submitted after the due date. The prescribed form indicated that applications for extension could be made post the prescribed period. The department argued that the word "extend" implied applications should be filed within the original time frame, but the court disagreed, finding no such limitation in the proviso. Consequently, the court answered the first question in the negative, indicating that applications for extension can be made even after the prescribed period. Given the ruling on the first question, the court deemed it unnecessary to address the second question regarding the justification of the penalty imposition. The Tribunal was directed to reconsider the penalty imposition based on the facts and circumstances of the case. No costs were awarded in this matter.
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