1984 (12) TMI 120

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....), Jodhpur. The assessee was a firm of four partners. The previous year for asst. yrs. 1976-77 and 1977-78 is the Dewali Year and, therefore, for 1976-77, it ended by 2nd Nov., 1975 whereas for asst. yr. 1977-78, it ended by 22nd Oct., 1976. For asst. yr. 1976-77, the IT return was due on 30th June, 1976, whereas for asst. yr. 1977-78, it was due on 30th June, 1977. Further, the IT return for 1976....

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....1976-77, the notice was served on the assessee on 7th Feb., 1979, whereas for 1977-78 it was served on the assessee on 19th March, 1979. Ultimately the assessee filed its explanation on 5th Sept., 1980 for asst. yr. 1976-77 and a similar explanation was filed for 1977-78 also. The explanation put forward was that there was a discrepancy in trial balance and it was not tallying and, thus, the asses....

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.... departmental representative. After hearing both sides, we are of the opinion that the penalty should be allowed to stand. The total income assessed for 1976- 77 was Rs. 1,18,090, whereas the total income assessed was Rs. 1,61,070 for asst. yr. 1977-78. The delay was only for two months. For 1977-78, Form No. 6 was already filed. However, its rejection was communicated only on 8th Aug., 1977, wher....