Late income-tax return filing still triggered penalty where no valid extension application or explanation for delay was shown.

Failure to furnish the return within the time allowed under section 139(1) attracted penalty under section 271(1)(a) because the return was filed long after the due date and no explanation for the delay was offered. Filing the return under section 139(4) did not erase the default under section 139(1), and charging of interest did not amount to an automatic extension of time. Any extension required a proper application in the prescribed manner, which was not shown. The penalty was therefore justified.

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Issues: Whether the assessee had failed to furnish the return of total income within the time allowed under section 139(1) of the Income-tax Act, 1961, so as to attract penalty under section 271(1)(a).

Analysis: The return was filed long after the due date, and no explanation for the delay was offered. The plea that the filing was voluntary under section 139(4) did not negate the default under section 139(1). The contention that charging of interest amounted to an automatic extension of time was rejected, as extension could arise only on a proper application in the prescribed manner, and no such application was shown. Following the view taken in the later High Court decisions relied upon, the principle of the Supreme Court decision cited by the assessee was held not to apply to penalty under section 271(1)(a).

Conclusion: The assessee had failed to furnish the return within the time allowed under section 139(1), and the penalty was justified.

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