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2003 (5) TMI 34

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....prayer is made for the issuance of a writ in the nature of certiorari quashing the order dated March 6, 1981 (annexure P2), passed by respondent No.1 and the order dated February 25, 1986, of respondent No.2 upholding the order of respondent No.1 passed under rule 117A of the Income-tax Rules, 1962, read with section 139(8) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). The pe....

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....d were received on or after October 19, 1974. Earlier there had been a strike in the establishment, which had commenced on April 29, 1974, and continued for about four months. Consequently, the audit work was held up. The Income-tax Officer, respondent No. 1, did not accept the application. The default was held to be without any reasonable cause. The petitioner filed a revision petition under sect....

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....osition of penalty under section 271(1)(a) could not have been disregarded while deciding the question of waiver of interest with regard to late filing of the return. On the other hand, learned counsel for the respondents, has submitted that the impugned orders are speaking orders. The petitioner had failed to prove any evidence in spite of ample opportunities having been granted to the petitione....

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....roduces evidence to the satisfaction of the Income-tax Officer that he was prevented by sufficient cause from furnishing the return in time. The explanation given by the petitioner with regard to the delay in filing of the return was accepted by the Income-tax Officer for dropping the penalty proceedings. However, the same reasoning was not accepted for granting the relief to the petitioner of wai....