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TMI Blog1988 (4) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... ? " The assessee was to file return under section 139(1) of the Act by the 30th of June of each year for the assessment years 1961-62, 1962-63, 1963-64 and 1964-65. The assessee did not file the returns as required under section 139(1). No notice under section 139(2) of the Act was served. The assessee filed the returns under section 139(4) on the Act on June 30, 1964, August 30, 1965, September 21, 1965, and December 30, 1965, respectively. The Income-tax Officer initiated proceedings under section 27l(1)(a) of the Act for the default of the assessee and rejecting the explanation offered by the assessee, imposed penalties of Rs. 24,489, Rs. 22,621, Rs. 16,900 and Rs. 15,600. Copies of the orders of the Incometax Officer form part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating in the service of notice of demand, relate to one single assessment year. The expression " assessment year " has been defined in section 2(9) of the Act to mean " the period of 12 months commencing on the first day of April every year ". If, therefore, it was held, that penalty under section 271(1)(a) is leviable for the default relating to one assessment year, the default cannot be projected into subsequent assessment year or years. There is no provision under the Act for carrying over the default in filing the return beyond the limits of an assessment year. The cases were thereafter taken up by the Tribunal for recomputation of the quantum of penalty. Relying upon the observations of one of the learned judges, as mentioned above, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, if it is filed before the best judgment assessment under section 144 and within the period prescribed under section 139(4) and in a case of no return of income filed at all, with the assessment of income as prescribed under section 144. In this respect, I am in respectful disagreement with the view taken in the case of Addl. CIT v. Bihar Textiles [1975] 100 ITR 253 (Pat) and the view taken by S. P. Sinha J., in Addl. CIT v. Dongarsidas Beharilal [1979] 116 ITR 897 (Pat). The view that I have taken must necessarily lead to answering the first question referred to us against the assessee, both in its original form as also as reframed. The penalty on the facts and in the circumstances of the case is leviable under section 271 (1) even after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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