9911796707
TMI Blog1985 (12) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... filed a return of income for the assessment year 1979-80 in the sum of Rs. 2,88,360. They filed a revised return on September 11, 1981, declaring their total income at Rs. 5,47,710. They paid tax on self-assessment basis on June 28, 1979 and again on the revised return on September 7, 1981. The petitioners' assessment for the assessment year was completed on December 11, 1981, and the total income was determined at Rs. 5,54,010. The assessment order concluded thus : " Interest under section 217(1)(a) is charged. Penalty show-cause notice under section 273 is issued. " On December 9, 1981, the petitioners were served with a notice to show cause why a penalty under section 273 should not be imposed upon them. This petition was filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rson shall, in each financial year, on or before the date on which the first instalment, or where he has not previously been assessed by way of regular assessment under this Act, on or before the date on which the last instalment of advance tax is due in his case under sub-section (1) of section 211, if his current income is likely to exceed the amount specified in sub-section (2) of section 208, send to the Income-tax Officer (a) where he has been previously assessed by way of regular assessment under this Act, a statement of advance tax payable by him computed in the manner laid down in clause (a) or, as the case may be, sub-clause (i) of clause (d) of sub-section (1) of section 209, or... and shall pay such amount of advance tax,-" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f sub-section (1) of section 209, exceeds the amount specified in sub-section (2), or (b) where it is payable by virtue of the provisions of section 209A." Section 208(2) prescribes the amount referred to in clause (a) of subsection (1). Interest under section 217(1)(a) is payable when the Income-tax Officer finds that a person who has been previously assessed by way of regular assessment has not sent the statement referred to in section 209A(1)(a). Section 273(1)(b) provides for the payment of a penalty where the Incometax Officer finds that an assessee has without reasonable cause failed to furnish a statement of advance tax payable by him in accordance with the provisions of section 209A(1)(a). The failure to submit the statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of advance tax. There being no advance tax payable by the petitioners, there was no obligation cast upon them by section 209A(1)(a) to send to the Income-tax Officer the statement contemplated thereby. Mr. Jetly, learned counsel for the respondents, submitted that the petitioners were obliged to send to the Income-tax Officer a statement of advance tax payable by them computed in the manner laid down by section 209(1)(a) even if such computation showed that the amount payable was nil. The question really boils down to an interpretation of the words " statement of advance tax payable by him computed in the manner laid down in " section 209(1)(a). Under section 209A(1)(a), the obligation of an assessee who has been previously re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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