TaxTMI 
TaxTMI 
1979 (4) TMI 56
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....assessee is an individual earning income from contracts. For the asst. yr. 1970-71, the assessee did not file return at all and ex-parte assessment was made on 28th Feb., 1973. The ITO initiated proceedings for the imposition of penalty for failure to file the return and recording that the representative present could not give any satisfactory explanation, he held that the assessee wilful did not ....
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....at the explanation offered had not been properly considered by the authorities below. It was submitted that in the circumstances the penalties imposed should be cancelled. On the other hand, the Revenue relied on the orders of the authorities below. 6. On a careful consideration of the rival submissions, we are of the opinion that the imposition of penalty in these two cases cannot be sustained. ....
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...., one, that no explanation at all was given and the other that an explanation was given but it was not satisfactory explanation which is capable of two meanings, one, that no explanation at all was given and the other that an explanation was given but it was not satisfactory, In either case, it is obvious that the penalty was imposed without a proper consideration of the facts of the case. Such a ....