1979 (1) TMI 144

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....at the last application was made on 10th March,1969 asking for time upto 31st March,1969. The ITO did not find these application on his record and accordingly he felt that the delay in the filing of the return had occurred and there was no plausible explanation for the same and, there fore, penalty under s. 271(1) (a) was exigible. Accordingly, he levied the impugned penalty at a figure of Rs. 3290. 3. Before the learned AAC, it was stated emphatically by the learned counsel for the assessee that the first application in Form No.6 asking for extension of time was made by the assessee on 1st July, 1968 since 30th June, 1968 was a Sunday. It was sent through the counsel's own register. Time was asked for upto 30th Sept., 1968. The next app....

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.... filing of the return was for reasonable cause. He, however, accepted the fact that since the filing of the application dt. 1st July,1968 had been proved, it had to be held that till 30th Sept., 1968 there was no default. Adopting the period of default from 1st Oct., 1968 the learned AAC recomputed the quantum of penalty at Rs. 2,056. 4. Against the order of the learned AAC, the assessee has come up in appeal. It is vehemently urged by the learned counsel for the assessee that the assessee was conscious of its obligations under the law with regard to the filing of the return of income and had made successively four applications in Form No. 6 asking for extension of time upto 31st March, 1969. In these applications, the circumstances unde....