9911796707
TMI Blog1976 (4) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... charged (vide annexure " A "). Aggrieved by the levy of interest, the petitioner filed an appeal before the Appellate Assistant Commissioner of Income-tax, Jammu, who rejected the same. A further appeal was taken to the Appellate Tribunal of Income-tax, Chandigarh, but the petitioner was unsuccessful. The petitioner's contention before these two forums was that interest charged under sections 139(1) and 217 of the Act was wrongly levied by the Income-tax Officer as under law no such interest could be charged from the petitioner unless a specific order in this behalf was made in the assessment order itself by the Income-tax Officer. As no such order was made by the Income-tax Officer interest could not be levied in the demand notice. It was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was made, respondents did not file the returns. Even nobody appeared on behalf of the respondents. On March 30, 1976, however, Mr. S.P. Gupta, advocate, appeared on behalf of Mr. J. N. Bhan, the standing counsel for the income-tax department and sought time to argue the case. The court passed a detailed order granting time to enable Mr. Bhan to come to Jammu to argue the case also observing that the case would be heard on merits without objections of the respondents. The case was accordingly adjourned to 19th April, 1976. On this date when the case was called, nobody appeared on behalf of the respondents. Therefore, the arguments were heard on behalf of the petitioner alone. Appearing for the petitioner, Mr. Subash Dutt submitted that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 139 every person whose total income in respect of which he is assessable during the previous year exceeds the maximum amount which is not chargeable to income-tax has to furnish the return to his Income-tax Officer of his income in the prescribed form setting forth the relevant particulars ; provided that on an application made in the prescribed manner the Income-tax Officer may in his discretion extend the date for furnishing the return, under sub-clause (iii) up to any period falling beyond the dates mentioned in clauses (i) and (ii) in which case interest at 9% per annum shall be payable from the first day of October or first day of January, as the case may be, of the assessment year to the date of furnishing of the returns. Now, in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reads as follows : " (8) (a) Where the return under sub-section (1) or sub-section (2) or sub-section (4) for an assessment year is furnished after the specified date, or is not furnished, then [whether or not the Income-tax Officer has extended the date for furnishing the return under sub-section (1) or sub-section (2)] the assessee shall be liable to pay simple interest at twelve per cent. per annum, reckoned from the day immediately following the specified date to the date of the furnishing of the return or, where no return has been furnished, the date of completion of the assessment under section 144, on the amount of the tax payable on the total income as determined on regular assessment, as reduced by the advance tax, if any, paid, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
