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1980 (8) TMI 122

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..... asst. yr. 1974-75. 2. The assessee is a partner in the firm M/s. Tractors Farm Machineries, Bhopal. The return of income for the asst. yr. 1974-75 was due from the assessee u/s 139(1) of the Act by 31st July, 1974. The assessee made an application on 2nd August, 1974 in Form No. 6 for extension of time on the ground that his share income from the firm was not intimated to him. No order was co .....

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..... accounting period ended on 31st March, 1974, the return was due on 31st July, 1974 and not on 30th June, 1974 as taken by the ITO. It was further pointed out by the counsel that the necessary acknowledgement for filing the application for extension of time was available and he produced the same before the AAC. It was submitted that in the absence of any communication from the ITO, the assessee was .....

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..... in the order of the AAC on this point. We ascertained from the parties that the return of income in this case was filed by the firm on 28th December 1974 on which date the assessee also filed his return. The assessee s case was that before that he could not file the return as the assessee firm did not intimate his share income. In such a case it has been held by the Mysore High Court in (1974) 97 .....

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