1980 (7) TMI 140

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....s. 4,803 levied by the ITO for the Asst.yr. 1974-75 under s. 271 (1)(a) of the IT Act, 1961. 2. The assessee is a registered firm dealing in stationery. The return of income was due under s. 139(1) of the Act by 31st July, 1974. It was actually filed by the assessee on 28th Jan., 1975. In between this period, the assessee filed two applications for extension of time, one on 9th Aug., 1974 and t....

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....of the Revenue, it was submitted that the applications for extension of time were filed after the expiry of the due date for the return and, therefore, the ITO was not bound to pass any order on those applications. In support of this submission, reliance was placed on the decision of the Andhra Pradesh High Court in T. Venkata Krishnaiah and Co. vs. CIT (1). In reply the assessee's learned counsel....

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....ot bound to pass any orders on those applications. We do not find any force in this objection. It may be, as held by the Andhra Pradesh High Court in the case of T. Venkatara Krishnaiah and Co. vs. CIT, A.P.(1), that omission of the ITO to pass any order on the assessee's applications for extension of time does not have the effect of extending the time, but in the absence of any communication from....