https://www.taxtmi.com/caselaws?id=22943 Penalty for belated filing under section 271(1)(a) cannot be deleted merely because the return was later filed under section 139(4) and accepted. The controlling inquiry is whether the assessee failed to furnish the return within the prescribed time and whether any explanation showing reasonable cause for the delay was offered. Absence of an intention to evade tax and correctness of the return do not by themselves negate liability for delayed compliance, though such considerations may affect quantum. On the facts, no reasonable cause was shown, so cancellation of the penalty was unsustainable and the issue was answered in favour of the Revenue. en-us Tue, 20 Nov 1990 00:00:00 +0530 Tue, 15 Dec 2009 14:24:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22943 Penalty for belated filing under section 271(1)(a) cannot be deleted merely because the return was later filed under section 139(4) and accepted. The controlling inquiry is whether the assessee failed to furnish the return within the prescribed time and whether any explanation showing reasonable cause for the delay was offered. Absence of an intention to evade tax and correctness of the return do not by themselves negate liability for delayed compliance, though such considerations may affect quantum. On the facts, no reasonable cause was shown, so cancellation of the penalty was unsustainable and the issue was answered in favour of the Revenue. Case-Laws Income Tax Tue, 20 Nov 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22943