9911796707
TMI Blog1978 (9) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 (hereinafter referred to as "the Act"): "Whether, on the facts and in the circumstances of the case, penalty could be imposed when the return is filed under s. 139(4) of the I.T. Act, 1961 ?" The relevant facts are that for the previous year ended on 27th October, 1962, relevant to the assessment year 1963-64, the assessee did not file his return of total income under s. 139(1) of the Act w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pronounced today [since reported in [1979] 116 ITR 897 (Pat)]. Accordingly, the question of law has to be reframed as has been done in the said case and after reframing the question, for the reasons given in the said decision, which covers all the arguments that have been raised by the contending parties in this case, the question is answered in identical terms as has been done in that case. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which my view is not identical with that of my learned brother, who is of the opinion that for the purpose of levying penalty for default in filing the return of income the period of default would be an assessment year, that is to say 12 months, as defined in s. 2(9) of the Act. In my humble view the period of default cannot be so confined. This aspect, however, need not be pursued further, as the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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