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TMI Blog1989 (5) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty of Rs. 4,503, which had been levied by the ITO under section 271(1)(a) of the Income-tax Act, 1961 in respect of assessment year 1981-82 on the ground that the assessee had failed in its obligation as statutorily provided in clause (f) of Explanation to section 139(9) of the Act, and, therefore, the return was invalid, is contested. 2. The assessee, as in the past, filed his return on 17-8- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of your total income for the financial years ending on 31-3-1981 and 31-3-1982 relevant to the asst. years 1981-82 and 1982-83 on 17-8-1982 and 14-3-1983 respectively declaring total income at Rs. 9,000 and loss at Rs. 27,380. 2. As your total income returned includes major income from plying of trucks on estimate basis for which no accounts books have been maintained by you, the returns filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade, cash balance etc., in respect of the assessment year 1981-82. 3. On 30-5-1983, the ITO had addressed another communication for the assessment years 1981-82 and 1982-83 stating that the returns for both the assessment years would be considered invalid as there were non-compliance and violation of clause (f) of section 139(9) of the Act. Another communication dated 16/18-6-1983 was also issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee's was a no accounts case, the ITO could not press for the information, which was not available with the assessee. It was further held that it was not clear as to what information was withheld, which could be in the assessee's possession. 7. For the Revenue, Shri S.P. Mehta, D.R., very strongly contended that it was not correct or just on the part of the assessee to contend that the informa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... different matter if the assessee had purchased some new vehicles and the ITO wanted information regarding investment and source of payment but the fact that the ITO ultimately resorted to simple estimates and non-furnishing of information did not prompt him to make any addition is sufficient to hold that the assessee did not have the required information which he was holding back, particularly si ..... X X X X Extracts X X X X X X X X Extracts X X X X
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