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TMI Blog1980 (5) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... has been referred to this court : " Whether, on the facts and in the circumstances of the case and on a correct interpretation of section 271(1)(a) of the Ircome-tax Act, 1961, the Tribunal was right in holding that the words 'every month during which the default continued' appearing in the said section refer only to a month during the whole of which the default continued and not also to a mont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of imposition of the penalty and on the basis of the period of default being complete months. Hence the aforesaid reference has been made. Clause (a)(i) of s. 271 directs the ITO to impose a penalty " In addition to the amount of tax, if any, payable by him, a sum equal to two per cent. of the tax for every month during which the default continued ". This expression came up for considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Coimbatore) Ltd. [1977] 106 ITR 846. There, their Lordships held that the word " month " occurring in s. 271(1)(a) of the I.T. Act, 1961, had to be reckoned according to the General Clauses Act, 1897. Accordingly, when an assessee who was granted time for filing his return for the assessment year 1961-62, till 15th January, 1962, actually filed the return on 15th February, 1962, he had filed its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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