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    <title>1985 (8) TMI 122 - ITAT GAUHATI</title>
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    <description>Penalty under section 271(1)(a) for late filing of a return was stated to depend on a clear finding that the delay was without reasonable cause. Although the assessee&#039;s explanation was not accepted and the return was treated as belated beyond the relevant extension period, the record did not contain any definite conclusion that the delay lacked reasonable cause. In the absence of that essential finding, the legal basis for imposing penalty was not made out and the penalty was liable to be cancelled in favour of the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=65817</link>
      <description>Penalty under section 271(1)(a) for late filing of a return was stated to depend on a clear finding that the delay was without reasonable cause. Although the assessee&#039;s explanation was not accepted and the return was treated as belated beyond the relevant extension period, the record did not contain any definite conclusion that the delay lacked reasonable cause. In the absence of that essential finding, the legal basis for imposing penalty was not made out and the penalty was liable to be cancelled in favour of the assessee.</description>
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