9911796707
TMI Blog1979 (1) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... led the return of income for the asst. yr. 1971-72 on 24th July, 1972 and for the asst. yr. 1972-73 on 3rd Sept., 1974 though the returns were due on or before 30th Sept., 1971 and 31st July, 1972 respectively. In compliance to the show-cause notice the assessee filed a written explanation dt. 27th Feb., 1976 stating that the Accountant engaged by the assessee proved an utter failure and could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t called for. On the other hand, the Revenue relied on the orders of the authorities below and contended that the explanation of the assessee was not proved by any evidence and, therefore, it was rightly rejected. 4. On a careful consideration of the rival submissions, we are of the opinion that the assessee is entitled to succeed. No doubt the returns were filed beyond the period prescribed and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ural justice demands that the assessee should be appraised of the same so as to enable him to put forward any further materials or details. The rejection of such ground by merely disbelieving the explanation is, therefore, arbitrary and cannot be sustained. In the circumstances, we consider that there was no material to come to the conclusion that the assessee had no reasonable cause especially wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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