1985 (12) TMI 107

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....ether and are disposed of by a consolidated order. 2. The main order by the AAC is in the case of Swatamber Dass for asst. yrs. 1969-70 to 1972-73 which he has followed in the case of Digvijay Kumar. We would first discuss the facts in the case of Swatamber Dass. Swatamber Dass filed wealth-tax returns on 9th Now., 1978 for asst. yrs 1969-70 to 1972-73 (years under appeal) as also for asst. yrs....

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....business of money lending and was under the impression that its status was HUF and that the assessee had filed the wealth tax returns suo motu and that the assessee was running an industrial concern for which the assessee thought that is was entitled to exemption under s. 5(1) (xxxii) which exemption, however, was allowable only from asst. yr. 1973-74 (and was so allowed by the WTO) and that the a....

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....relying on Kunjbiharilal Laltra Prasad vs. ITO (1983) 144 ITR 583 (All), where it was held that though the assessee was not under any obligation to file a return below the exemption limit, yet when deliberately filed a return, he had to file it within time and the levy of penalty for delay in filing the return was valid. Reliance was also placed on CIT vs. Chiranjilal Shanti Swarup (1981) 130 ITR ....

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....i Indra Devi (1983) 15 Taxman 159 (All), where it was held that even if the assessee's explanation was acceptable, Department has to produce material to show that late filing of return was deliberate and the initial burden was always on the Department and only after this burden was discharged that the assessee was required to prove the facts which are in is special knowledge. 7. Learned counsel....