9911796707
TMI Blog1976 (9) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... ons stated therein are sufficient to constitute reasonable cause. Had matters stood like that, the assessee has no case in the appeal. 2. But we found from the statement of facts furnished before the AAC along with the grounds of appeal, the following plea:— "The relevant accounting year is the year ended 14th April, 1969. This is assessed for the assessment year 1970-71. The income returned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sence of any reference to it by the Income Tax Officer in his penalty order is not conclusive of the fact that it was not argued before him. Even when raised in writing before the AAC he has completely omitted to refer to this aspect. If omission in an order of the Income Tax Authorities to a particular argument is conclusive proof that it was not argued, we will land ourselves in difficult situat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee is not bound in assessment year 1969-70 to furnish a voluntary return. But for this assessment year 1970-71 the limit was reduced by Finance Act to Rs. 10,000. So it became bound to file a voluntary return. But the plea of the assessee is that it was not aware of the newly cast obligation. The departmental representative would argue that the Finance Act of 1969 in April, 1969 itself pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not in the facts and circumstances of this case ruled out. So if it was honestly not aware of its obligations to voluntarily furnish the return, and that plea seems to be true, there is reasonable cause for failure to furnish the return. After all what we have to find out is whether there is reasonable cause. In any event, the case of Hindustan Steel Ltd. vs. State of Orissa (1) will rescue the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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