1978 (4) TMI 122

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....1961. 2. The assessee, is a registered firm which derives income from a saw mill as well as contracts to the military. For the asst. yr. 1965-66 while the return of income was due on 30th Sept., 1965, the assessee filed it only on 16th Aug., 66. The assessee claimed that shortly after the due date, there was a Pakistani aggression in Sept., 1965, with the result that the assessee's services wer....

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....urn in time for both the years was not without and was beyond the control of the assessee and, therefore, the penalty should not be imposed. The ITO rejected the plea of the assessee and observing that the assessee had not also asked for extension of time imposed a penalty of Rs. 4,360 for the asst. yr. 1965-66 and Rs. 11,200 for the asst. yr. 1966-67. On appeal, the AAC reduced the penalty in the....

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....ion that the penalties imposed cannot be sustained. The Revenue has accepted the fact of the hostilities having affected the business of the assessee as well as the illness of the partner resulting in the set back to the business of the assessee. It is obvious from the very assessment record that all was not well with the assessee and the delay in the filing of the return was for reasons beyond th....