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TMI Blog2017 (1) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... nnoticed, is not in dispute and the learned counsel for the respondent would endorse the same. The tenor of Section 276 CC of the IT Act contemplates that if a person has failed to furnish the return of income in time, it is then that the rigour of the section would be attracted. For, if the return of income had been filed belatedly or otherwise, the section cannot apply at all and therefore, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITION No. 1999 OF 2016 - - - Dated:- 4-1-2017 - Anand Byrareddy, J. For the Petitioner : Shri Kiran S. Javali, Advocate Dr. Narendra Kumar Naik. For the Respondent : Shri Jeevan Neeralagi, Advocate ORDER The present petition is filed questioning the correctness of the order dated 27.02.2012 in C.C.No.37/2012 passed by the Special Court (Economic Offences), Bangalore, taking co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner that this is an incorrect presumption on the part of the Commissioner of Income Tax, as on the date of granting sanction, return of income had not been filed. Albeit it was filed after a delay or beyond the period of delay. This not having been noticed by the Commissioner of Income Tax, he had granted sanction and consequently the complaint had been filed. The fact that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the returns are accepted and assessments are carried out, which would not be the same as holding that the returns filed belatedly have been held to have been nonest and therefore, the authorities have proceeded thereupon. This would make a difference to the situation and therefore, the contention that the section which prescribes that if the assessee fails to file the return within the time due, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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