1988 (11) TMI 148

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s whether the AAC erred in confirming the action of the ITO imposing penalty under s. 271(1)(a) of the Act. 2. The relevant facts are that the assessee plied mini-buses for part of the year in the asst. yr. 1980-81 and plied two buses in 1981-82. Notice under s. 148 was issued to the assessee for filing the return. A return was filed for 1980-81. Subsequently, a notice was issued under s. 139(2....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e assessee is aggrieved of the order of the AAC and came in appeal before us. The Learned counsel for the assessee Shri B.M. Kothari submitted that the assessee is a lady depending wholly on her husband for her business and she was under the bona fide belief that her income is below the taxable limit. Therefore no return was filed and this constituted a reasonable cause for not filing the return f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... There is no need to establish the mens rea. In reply to this, Sri Kothri further submitted that if the assessee failed to furnish the return in response to the notice, penalty of Rs. 25 can be imposed under s. 271(3)(b) of the Act, at the most. 5. We have heard the rival submissions and considered the material on record. The facts are not in dispute that the assessee-lady was plying the mini-....