9911796707
TMI Blog1981 (9) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... started penalty proceedings and levied penalties under s. 271(1)(a) of Rs. 1,368, 1,416, 3,954 and 3,233 respectively. The assessee's explanation that for these years an old accountant who was dealing with the matter was ill and could not attend to the accounts etc. on time and the new accountant could obtain information from the old person with difficulty and he himself was ill this resulting in delay in finalising the accounts was not regarded as satisfactory by the ITO. 2. The AAC considered the representation made by the assessee as also the decisions in Hindustan Steel Ltd. vs. State of Orissa (1972) 83 ITR 26 (SC) and Gujarat High Court decision in I.M. Patel Co. 1977 CTR (Guj) 320 and held that the assessee had no reason justify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustifying the levy of penalty. In fact by an oversight the assessee was not able to file an appeal against the AAC's order or even a cross objection praying for cancellation of the entire penalty. There was certainly no case for interfering with the order of the AAC to enhance the penalty. The ld. counsel has referred to the decision in Hindustan Steel and I.M. Patel and also certain other decisions such as vs.L. Dutt vs. CIT 1976 CTR (Mad) 210 : (1976) 103 ITR 634 (Mad), Jagannath Singh vs. CWT (1980) 122 ITR 114 (Pat), Bhagirathprasad Bilgaiya vs. CIT (1980) 19 CTR (MP) 291 and CIT vs. Vishnu Brass Parts Works an unreported decision of the Gujarat High Court digested at page 110 of Direct Tax cases of the Gujarat High Court by K.H. Kazi. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty to a figure not consistent with the provisions of law, the AAC also cannot do. But in the present case there is no evidence in the AAC's order to show that he has distorted the provisions of section by reducing the penalty. Certain reasons for the delayed submission of the returns were presented before him. These have not been shown to be false or even wrong. In the absence of complete support for the reasons it is open to the AAC as far as these appeals before us are concerned to even make an estimate of the time the assessee would require to file his return granting the difficulties about his old and new accountants are accepted. By properly making an estimate of such a time for filing the return the period of default fixed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
