9911796707
TMI Blog1977 (1) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... 66-67. 2. The background of the fact is that the assessee did not file any return for this year. Subsequently, the Income Tax Officer issued a notice u/s.148, Income Tax Act, 1961 in Feb.,1969 which was served on him on 17th March,1969. The Return was still not filed. The Income Tax Officer, therefore, completed the best judgment assessment u/s.144 on an income of Rs.1,60,000. This was on the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re us that the address so given was correct though he has contended that there were no circumstances for effecting service by affixture. Reliance was placed upon 82 I.T.R. 888. He also stated that he had another premises bearing No.2720, Chatta Pratap Singh, Kinari Bazar, Delhi. 4. After hearing the parties and giving our utmost consideration to the entire circumstances, we are of the opinion t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case. In the absence of the return, concealment is not imputable. 5. Our this conclusion gets further support when the law relating to computation of penalty is taken into account. As noted above, the assessment year involved was 1966-67. As per the law then in existence penalty was leviable at the minimum of 20% and the maximum of one and a half times the amount of tax, of any, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la High Court had as well in the decision reported as 34 I.T.R. 850, held under the Cochin Income Tax Act that it was impossible to say that when a person had failed to furnish any return at all. What he had done was to conceal the particulars of his income or to deliberately furnish inaccurate particulars thereof. 7. The result, therefore, is that we, while allowing this appeal, quash the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X
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