2010 (8) TMI 352

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..... 139. Return u/s 139(4A) - there is non-specific reference to those assessees who are covered by the provisions of section 10(23C)(iiiab). - In this section, reference has been made to sections 11 and 12. In addition to this reference was made to those assessees also, who have income from voluntary contributions referred to in sub-clause (iia) of clause (24) of section 2. Section 2(24)(iia) - When we examine the provisions of sub-clause (iia) of sub-section (24) of section 2, we find that reference has been made to various other clauses of sub-section (23C) of section 10 but no reference has been made to clause (iiiab) of sub-section (23C) of section 10. There was reasonable cause on which the assessee might have been having a bona fide b .....

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..... he purpose of profit. 3. Before proceeding to decide these appeals, we would like to point out that these appeals were earlier decided by the Tribunal as per order dated 29-7-2005 and both the appeals of the assessee were dismissed. Thereafter, the assessee filed miscellaneous application and in miscellaneous application order dated 9-10-2009 in miscellaneous applications No. 156 157/Del./2009, earlier Tribunal order dated 29-7-2005 was recalled and these two appeals were directed to be decided afresh on this aspect only as to whether the assessee was prevented by sufficient and reasonable cause for not filing return within due date for the reason that the assessee s income is exempt under section 10(23)( iiiab ) of the Income-tax Ac .....

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..... isions of sub-section (4A) of section 139 are applicable to those assessees also who are in receipt of income being voluntary contribution referred to in sub-clause ( iia ) of clause (24) of section 2 and since the assessee was receiving such contributions from the Government, the provisions of section 139(4A) are very much applicable to the assessee and hence penalty is justified. 6. We have considered the rival submission, perused the material on record and have gone through the orders of authorities below. We find that penalty in the present case was imposed by the Assessing Officer under section 272A(2)( e ). As per the provisions of section 273B, any penalty imposed by the Assessing Officer under sub-section (2) of section 272A is .....

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