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Late filing of returns for the assessment years 1976-77 and 1977-78, levy of penalties, non-resident status of the assessee, authority to handle tax affairs, justification for delay in filing returns, conscious disregard of statutory provisions, negligence of duties, application for extension of time, reasonable cause for delay. Analysis: The Appellate Tribunal ITAT DELHI-E heard an appeal regarding penalties imposed on the assessee for late filing of returns for the assessment years 1976-77 and 1977-78. The returns were due on 31st July of the respective years but were filed later due to delays. The Income Tax Officer (ITO) levied penalties for the delays. The assessee, a non-resident whose affairs were managed by a professional architect, explained before the Additional Commissioner of Income Tax (AAC) that the delay was due to the inability to collect information in time. The AAC upheld the penalties, citing a disregard of statutory provisions and negligence of duties by the assessee, noting that no application for extension of time was filed. The AAC emphasized the failure to seek an extension as a basis for upholding the penalties. In further appeal, the Appellate Tribunal considered the arguments presented. The assessee contended that there was no conscious disregard of obligations or contumacious conduct warranting penalties. The Tribunal agreed, stating that the failure to apply for an extension does not preclude proving a reasonable cause for the delay. The Tribunal found that the delay was due to the difficulty in collecting information in a timely manner, as the assessee was a non-resident whose affairs were managed by a relative. The Tribunal concluded that there was no conscious disregard of obligations or contumacious conduct justifying penalties. The Tribunal emphasized that the mere delay in filing returns does not automatically lead to penalties and found a reasonable cause for the delay. Consequently, the Tribunal set aside the penalties imposed by the lower authorities for both assessment years. In conclusion, the Appellate Tribunal allowed the appeals, canceling the penalties for late filing of returns for the assessment years 1976-77 and 1977-78. The Tribunal found that there was a reasonable cause for the delay in filing the returns, considering the non-resident status of the assessee and the circumstances surrounding the delay.
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