9911796707
TMI Blog1984 (5) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... lding that there was justifiable reason for delay in filing the valid return and thereby directing to waive the interest chargeable under s. 139(8) of the IT Act, 1961". The facts as found in the order of the CIT (A) are as follows: "Original return of income was filed on 30th June, 1977 and the tax under s. 140A amounting to Rs. 5,933 was paid on 23rd June, 1977. The ITO had issued notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication for the delay in filing a valid return on 31st March, 1980 and, therefore, the ITO was not justified in charging interest under s. 139(8). He also rejected the submission of the assessee that in view of s. 292(B) of the Act the return of income should have been taken as valid return. 3. At the time of hearing the ld. departmental representative initially submitted that no appeal was pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of Supreme Court decision in the case of CIT vs. Kanpur Coal Syndicate (1964) 53 ITR 225 (SC). Against the decision of the Calcutta High Court even the SLP was rejected vide (1983) 143 ITR 64 (statutes). From the compilation relevant papers were brought to our notice in support that there was no difference in the particulars of income as per the return originally filed and as per the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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