1984 (5) TMI 91

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....der of the Commissioner (Appeals) dated 14th February, 1983 by which he cancelled the penalty imposed by the ITO under section 271(1)(a) of the Act. The assessee filed return of income on 20th March, 1978 which was due to be filed by 14th August, 1975. The ITO, therefore, initiated proceedings under section 271(1)(a) of the Act and issued show cause notice. The assessee, however, did not comply wi....

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...., submitted that there was a reasonable cause for delayed submission of the return and, therefore, no penalty should be imposed in this case. The Commissioner (Appeals) after considering the submissions made before him as also going through the facts of the case cancelled the penalty by observing as under : "I am convinced that the delay in filing the return for the instant assessment year 1975....

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....alty under section 271(1)(a) is leviable". 2. Against the said order of the Commissioner (Appeals), the Revenue has preferred appeal and the assessee has also filed a cross objection. It was contended by the learned Departmental representative that the assessee could not satisfactorily explain the reason for delayed submission of return. He pointed out that even the assessee did not care to com....

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....end Police Station frequently and, therefore, they could not attend the normal works of the business. It was also claimed that since the books of account and necessary papers for the earlier years were not available, the assessee took long time for re-preparation of the books of account. He, therefore, urged that there was reasonable cause which prevented the assessee from filing the return within....