9911796707
TMI Blog1985 (9) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... erved before and after 15th Dec., 1978 i.e. the last date of filing estimate of advance tax, respectively. 3. The ITO had imposed penalties under s. 273(1)(b) on all these assessees as they failed to furnish the estimates as new assessee before the last date of instalment i.e. 15th Dec., 1978. The ld. AAC of IT had confirmed the penalties. Learned departmental representative submitted that thou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with and no other particulars were required from them. Each assessees had only one source of income as beneficiaries of a trust. They had an impression that assessments are likely to be completed as soon as the hearings were completed. As a matter of fact, he had pointed out that the assessments were in fact completed on 22nd Nov., 1978 except in the case of Sumita Seth where the notice of demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t s. 209A(1)(b) does not provide any obligation of filing estimate to those assessees who were not assessed before the first date of filing estimate but assessed before the last date of filing the same. This may be a lucuna, but humbly following the decision of Smt. Tarulata Shyam Ors. vs. CIT 1977 CTR (SC) 275 : (1977) 108 ITR 345 (SC) we hold that we are unable to import anything which is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the authority to be exercised judicially and on a consideration of all the relevant circumstances. Even if a minimum penalty is prescribed, the authority competent to impose the penalty will be justified in refusing to impose penalty, when there is a technical or venial breach of the provisions of the Act or where the breach flows from a bona fide belief that the offender is not liable to act in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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