9911796707
TMI Blog1974 (7) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income-tax, in which the following question of law, arising from the order of the Tribunal, has been referred to this court for its opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was correct and justified in holding that the penalty order of the Income-tax Officer was illegal ? " We have been taken through the order of the Income-tax Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ension that was granted for that particular year. The period of default in filing the return is, therefore, a matter of simple calculation, on the basis of facts manifest from the records. There can be no dispute whatsoever that there was a default of over 54 months in filing the return for the assessment year 1962-63. The next question is whether the failure to furnish the return, as aforesaid, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r calculation of the penalty imposed by the Income-tax Officer. The Tribunal held that since the basis for calculation of the penalty was not recorded explicitly by the Income-tax Officer, the imposition of the penalty itself was bad in law. We should examine the scheme of section 271(1)(a) and clause (i) in order that we may properly appreciate this aspect of the matter. Under section 271(1)(a) r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rement for the Income-tax Officer to indicate what was the basis for his calculation, since a mere reference to the statutory provision and the uncontroverted facts apparent from the records would make the position abundantly clear. We are, therefore, of the opinion that the Income-tax Officer's order imposing the penalty cannot be assailed on the grounds that have been set out in para 15 of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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