1970 (3) TMI 52

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....ssessment year 1962-63 ending with the Diwali of 1961, the petitioner failed to submit a return of income before June 30, 1962, as he was bound to do under section 139(1) of the Income-tax Act, 1961. On February 16, 1963, the Income-tax Officer issued a notice to the petitioner under section 139(2) calling upon him to submit a return before March 18, 1963. Even then no return was filed. Later, in ....

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....missioner granted some slight relief to the petitioner regarding the quantum of tax and dismissed the appeal. As the petitioner was advised that there were no grounds for preferring an appeal to the Income-tax Appellate Tribunal, he did not prefer an appeal questioning the quantum of tax. He was also advised that he could not prefer an appeal against an order levying penal interest. He, therefore,....

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....r, and in the case of any person referred to in clause (b), up to a period not extending beyond the 30th day of September of the assessment year without charging any interest; (ii) in the case of any person whose total income includes any income from business or profession the previous year in respect of which expired after the 31st day of December of the year immediately preceding the assessme....

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.... A perusal of the proviso makes it clear that it is only when an assessee requests for time under the third clause, he can be directed to pay penal interest as provided in the clause. Where the assessee does not request for time for submitting a return, the third clause has no application. Other consequences may follow. For example, the petitioner may subject himself to the penalty provided in s....