9911796707
TMI Blog1995 (4) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ., 1994 in ITA Nos. 345 346/Chd/1994 relating to financial years 1987-88 and 1989-90, to the Hon'ble High Court of Punjab Haryana at Chandigarh for its opinion: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that no time limitation was prescribed under s. 206 of the IT Act, 1961 for filing of return under s. 206 on Form No. 24 when t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 21st Nov., 1990. The assessee actually filed the return for financial year 1989-90 on 30th Aug., 1990 and for financial year 1987-88 on 26th Dec., 1990. 4. The AO imposed a penalty of Rs. 66,750 for financial year 1987-88 and of Rs. 12,100 for financial year 1989- 90 under s. 273A(2)(c) of the IT Act. These penalties were confirmed by the learned CIT(A) vide his consolidated order dt. 21st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther noted that there was no default regarding the deduction of tax at source or its payment on the Government account, and that the default, if any, was a mere technical default of not filing the return under s. 206 before the concerned IT authorities. The Tribunal further noted that as soon as the show-cause notice was received by the assessee, the returns on Form No. 24 were also duly filed be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delivered such returns in such form and verified in such manner and setting forth such particulars as may be prescribed. It was submitted that prior to 27th Sept., 1991, there was no duty to deliver or cause to be delivered the returns to the IT authorities. According to the learned counsel for the assessee, this was based on the plain reading of the section and hence no referable question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... technical nature of the default and as rightly pointed out by the learned counsel for the assessee, whether the default is technical or venial or substantial is a question of fact. The Tribunal has found that the assessee had adhered to the spirit of the section and prepared the returns and submitted the same to the Postal authorities concerned. The mere non-delivery of such information or returns ..... X X X X Extracts X X X X X X X X Extracts X X X X
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