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Issues:
1. Appeal against penalty order under section 271(1)(a) of the Income Tax Act, 1961. 2. Delay in filing the return of income by the assessee. 3. Contention regarding the presumption of return filing based on notice under section 142(1). 4. Assessment of penalty under section 271(1)(a) for failure to file the return within time. Analysis: The judgment deals with an appeal by the assessee against a penalty order imposed by the Income Tax Officer (ITO) under section 271(1)(a) of the Income Tax Act, 1961. The appeal was made after the Appellate Assistant Commissioner (AAC) confirmed the penalty order passed by the ITO. The case involved a registered firm for the assessment year 1968-69, where the ITO initiated penalty proceedings due to a delay of 42 months in filing the return of income after a notice under section 148 was served. The ITO issued a show cause notice under section 274 read with section 271(1)(a), but the assessee failed to provide a satisfactory explanation for the delay. The assessee contended that a notice under section 142(1) was issued earlier, implying the return was already on record. However, the ITO found no evidence to support this claim and imposed a penalty of Rs. 1,500 under section 271(1)(a). The AAC upheld the penalty, stating that the assessee failed to produce any evidence of timely filing. The Tribunal heard arguments from both sides, with the assessee claiming the return was filed on time and suggesting the return might have been misplaced during a transfer of records between circles. The department representative supported the penalty, emphasizing the lack of evidence from the assessee to prove timely filing. The Tribunal analyzed the legal provisions under section 148 and section 142(1) of the Act to determine the obligations of the assessee regarding filing returns. It concluded that no presumption could be made about the existence of a valid return based on a notice under section 142(1) when a notice under section 148 had been served. The Tribunal highlighted the importance of providing concrete evidence to support claims of timely filing and noted the lack of such evidence from the assessee. Ultimately, the Tribunal found that the department had established that the assessee failed to file the return within the required time frame and that the penalty imposed was justified under section 271(1)(a) of the Act. The Tribunal dismissed the appeal, emphasizing the assessee's failure to provide convincing evidence of timely filing and the contumacious conduct displayed throughout the proceedings.
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