1971 (12) TMI 39

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..... t, 1961. The Income-tax Officer accepted the returns and proceeded with the assessment. He charged interest under the third clause of the proviso to section 139(1) of the Act. He also levied penalty under section 271(1)(a) of the Act on the ground that the assessee had failed without reasonable cause to furnish the returns of income which he was required to furnish under section 139(1). Under the .....

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..... t was justified in drawing such a presumption as the correct state of facts was not clear from the records of the case which were available to them. We cannot say that the Tribunal erred in drawing such an inference. Illustration (e) to section 114 of the Evidence Act authorises the drawing of a presumption that official acts have been regularly performed. Since interest was not chargeable unless .....

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