1984 (12) TMI 120

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....rs. 1976-77 and 1977-78 by the CIT(A), 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, 1....

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....IT return was issued. For asst. yr. 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 w....

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.... the assessee and Shri A. P. Saxena, ld. 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 c....