1978 (3) TMI 124

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....the levy of penalty of Rs. 2,872 under s.271(1)(a) for the late filing of the return for the year 1972-73. The return was due by 30th, June, 1972. There was a return filed by the assessee on26th June, 1972. On the basis of this return the Income-tax Officer issued notices under ss.143(2) and 142(1) fixing the date of hearing on 8th Aug., 1972, 27th Nov., 1972, 13th March, 1973 and 25th May, 1973. ....

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....further appeal before us. 2. We have heard the parties and considered the matter. There is no dispute as to the facts as also the contentions raised before the authorities below. We are of the view that it was not a case where penalty should have been levied. Obviously there was a bonafide or an accidental mistake in sending an unsigned return. The return filed by the assessee was taken by the ....