1978 (4) TMI 122

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....red 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 were pressed for the supply to the forwar....

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.... 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 first year to Rs. 2,180 finding that ....