9911796707
TMI Blog1969 (9) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... andard deduction at the rate specified in Schedule III of the Act. Section 6 provided for the making of returns. Sub-section (1) of that section enacted that every company, whose chargeable profits assessable under the Act exceeded during the previous year the amount of standard deduction, should furnish a return of its chargeable profits during the previous year and the amount of any deficiency available for being set off against such profits in the prescribed form and verified in the prescribed manner on or before the 30th day of September of the assessment year. It was further provided that, on an application being made in that behalf, the Income-tax Officer might, in his discretion, extend the date for the furnishing of the return. Sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return required under section 6, the amount of super profits tax payable...... Provided that the Income-tax Officer shall not impose any penalty under this section without the previous authority of the Inspecting Assistant Commissioner." The petitioner in this case, Calcutta Chromotype (Pr.) Ltd., furnished its return under section 6 of the aforesaid Act before the respondent Income-tax Officer, on the 30th August, 1967, in respect of the assessment year 1963-64. An assessment was made on the petitioner in respect of the aforesaid year by the respondent-Income-tax Officer, on the 21st November, 1967, on the basis of the return filed. By a notice dated the 10th November, 1967, purported to be issued under section 10 of the Act, the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer to enlarge the time on an application being made by the assessee. Similarly, sub-section (2) of that section empowers the Income-tax Officer to serve a notice on a person, who is assessable under the Act, to file a return within 30 days from the date of the notice and in that case also there is a provision allowing the Income-tax Officer to extend the time for furnishing the return on an application made to that effect by the assessee. Sub-section (3) of section 22 of the Act of 1922 and sub-section (5) of section 139 of the Act of 1961 provide that: "If any person having furnished a return under sub-section (1) or sub-section (2), discovers any omission or any wrong statement therein, he may furnish a revised return at any time bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er time allowed or extended by the Income-tax Officer the assessee would be punishable as having failed to file a return in terms of section 6. The learned counsel points out that in section 6(3) of the words are : "Any assessee who has not furnished a return during the time allowed by the Income-tax Officer under sub-section (1) or sub-section (2)". Therefore, a return could be filed in terms of section 6 only within the period prescribed in sub-section (1) or sub-section (2) or within the time extended by the Income-tax Officer for that purpose. As in this case the assessee filed his return long after the period prescribed in sub-section (1) had expired and no application has been made to the Income-tax Officer for extension of time he wo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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