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Appeal against levy of penalty u/s 271(1)(a) of the IT Act for default in submission of return within prescribed time. Detailed Analysis: The case involved an appeal by the assessee, a partnership firm dealing in radio sets, against the penalty imposed for a delay in filing the return for the assessment year 1977-78. The return was due on 31st July 1977 but was filed on 12th December 1978, resulting in a delay of 16 months. The Income Tax Officer (ITO) issued a penalty notice proposing a penalty for the delayed filing, which was confirmed by the Appellate Assistant Commissioner (AAC). The assessee contended that there was no deliberate default, citing reasons such as partners being on a promotion tour and the accountant responsible for finalizing accounts falling ill. The assessee argued that the penalty was unwarranted, especially considering that most of the tax due had been paid through advance tax. The assessee also challenged the quantum of penalty, claiming it was excessive. The departmental representative supported the penalty, referencing a decision of the Madras High Court. Upon considering the facts and submissions, the Appellate Tribunal found merit in the assessee's objections. It was noted that the tax due on the returned income had been almost entirely paid through advance tax, with a negligible balance covered by a refund from the previous year. The Tribunal found no evidence to show why the assessee's explanation for the delay was insufficient. Citing a decision of the Madras High Court, the Tribunal emphasized that the burden is on the officer to prove that the default was without reasonable cause. The Tribunal held that the penalty was not justified and vacated it. Additionally, the Tribunal acknowledged the assessee's argument based on a decision of the Karnataka High Court regarding the calculation of tax for penalty purposes. While the Tribunal found merit in this argument, it ultimately based its decision on the assessee's claim of reasonable cause for the delay. Consequently, the penalty was canceled, and any amount collected was directed to be refunded to the assessee. The Tribunal dismissed the stay petition as it became irrelevant due to the decision on the appeal.
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