1973 (6) TMI 11 - HC - Income Tax

Delay in filing return by the partner sufficient cause - delay was due to the delay in filing the firm file - whether interest for the delay can be levied

Summary

Issues:
- Interpretation of section 139 of the Income-tax Act, 1961 regarding the filing of returns and levy of interest.
- Consideration of whether a return filed under sub-section (4) of section 139 should be deemed as a return under section 139(1).
- Examination of the power of the Income-tax Officer to reduce or waive interest payable under section 139.
- Assessment of whether the delay in filing returns by partners is justified when the firm files its return beyond the due date.

Analysis:

The High Court of Mysore, in a batch of twelve writ petitions under the Income-tax Act, 1961, addressed common issues regarding the interpretation of section 139 of the Act. The court's judgment, delivered by Chief Justice Govinda Bhat, involved a partner of a contracting firm who filed a revised return after the firm had done so. The Income-tax Officer levied interest under section 139, prompting the petitioner to challenge this decision. The court considered the contention that returns filed under sub-section (4) of section 139 should be deemed as returns under section 139(1) to determine if interest should be charged. The court referred to a Supreme Court decision and noted that interest could be charged as per the provisions of the Act, even if a return was filed under sub-section (4) of section 139.

Another issue raised was the power of the Income-tax Officer to reduce or waive interest under section 139. The petitioner argued that the delay in filing returns should be considered justified, citing a previous court decision. The court acknowledged the principle but emphasized that the petitioner should have filed the return promptly after the firm's filing. The court found that the Commissioner's decision to charge interest based on the initial due date was incorrect. Despite the petitioner's failure to raise this argument before the Commissioner, the court held that the law as established by the court was binding on the Commissioner.

Consequently, the court quashed the orders of the Commissioner related to the levy of interest under section 139(1) and directed a reassessment of the sufficiency of the cause for not filing returns within the due dates. The court's decision was based on the principles established in previous court rulings. The judgment highlighted the importance of promptly filing returns and the necessity for considering all relevant factors in determining the applicability of interest under the Income-tax Act, 1961.