1974 (2) TMI 8

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e meaning of section 2(23) and Chapter XVI of the Income-tax Act, 1961, filed return for the assessment year 1964-65, on the 31st December, 1965. By an order dated February 26, 1967, the Income-tax Officer assessed the petitioner under section 143(3)/182(1) of the Act as a registered firm for a total income of Rs. 31,692 and charged interest for delay in filing return. Thereafter, on January 30....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ere with the order of the Income tax Officer imposing the penalty. The petitioner being aggrieved by the said order of the Additional Commissioner as well as the order of February 3, 1969, passed by the Income-tax Officer imposing penalty of Rs. 2,080 moved this court in an application under article 226 of the Constitution, and obtained the present rule. Mr. Khetry, appearing on behalf of the p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ions of section 139(1) and 271(1)(a)(i) make it clear that the assessee in all cases has to file a return if his income exceeds the maximum amount not chargeable to tax and if he fails to file the return within the period stated in section 139(1), the penalty can be imposed under section 271(1)(a)(i) of the Act. The petitioner in this case did not apply for extension of time to furnish the return.....