9911796707
TMI Blog1980 (11) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... returns for these years were due on 30th June, 1966 for the asst. yr. 1966-67, 30th June, 1967 for the asst. yr. 1967-68 and 30th June, 1971 for the asst. yr. 1971-72 but according to the Department, the returns were filed by the assessee on 11th Dec., 1970 for the asst. yrs. 1966-67 and 1967-68 and on 9th Oct., 1974 for the asst. yr. 1971-72, though it is not disputed that in case according to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h showed that the return for that year was filed on 26th June, 1972. It was pointed out that the assessee's claim for the asst. yr. 1972-73 for which year also the WTO imposed penalty was accepted and the penalty so imposed by him was cancelled even though the original return said to have been filed by the assessee was not traceable. The assessee also produced materials before the AAC to show that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the facts and circumstance exhaustively set out in the order of the AAC, we are satisfied that the Department has no case for sustaining the penalties. It is seen that the penalty was levied by the WTO for the five asst. yrs. 1966-67 to 1968-69, 1971-72 and 1972-73. The very fact that the WTO has cancelled the penalty for the asst. yr. 1972-73 himself under s. 35 shows that the basis of the impo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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