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TMI Blog1987 (12) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax return for asst. yr. 1976-77 was filed on 26th Sept., 1979 and penalty was imposed for delay in filing of the return. It was in this circumstance pleaded that the return of the present assessment year being dependent on the finalisation of the accounts of the earlier year as well, the delay should be treated as reasonable upto the date of filing of the return together with a reasonable tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which we give a further 2 months period i.e. we condone the delay till Nov., 1979 and hold that the penalty is imposable from 1st Dec., 1979 till 31st Aug., 1980 i.e. for 9 months. 4. For asst. yrs. 1978-79 and 1979-80 apart from the same reasonings given as in 1977-78, the assessee took up a legal plea i.e. that in the notice for imposition of penalty the ITO had desired to levy penalty for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the period of delay is to be counted from the initial period of delay and that any mistake in the notice is a rectifiable mistake as provided in s. 292B. 5. We have given careful consideration to the arguments advanced by the parties. One of the arguments advanced by the learned Departmental Representative was that s. 148 Notice is akin to s. 139(2) notice and, therefore, the del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing of the return in response to notice under s. 148. In the case law referred to by the assessee of the Jaipur Bench of the Tribunal reported in 1985 Tax World s. 4 page 271 this very issue was considered and it was concluded that since the intention as per the notice was to levy the penalty from the date of s. 148 notice only and not earlier, delay of the earlier period cannot be taken into c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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