1995 (7) TMI 42

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....se to this petition briefly are as follows : On November 15, 1985, the petitioners filed returns of income for eight years in respect of the assessment years 1978-79 up to 1985-86. According to the petitioners, they filed the above returns of income for eight years disclosing voluntarily their true income and also paid self assessment tax thereon. However, the said returns for the first five years out of eight years, i.e., for the assessment years 1978-79 up to 1982-83, were filed beyond time. On January 22, 1986, and on January 30, 1986, notices under section 148 of the Income-tax Act came to be issued in respect of the abovementioned first five years. By letters dated January 28, 1986, and January 31, 1986, the petitioners informed the....

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.... and, therefore, the petitioners had filed their returns and had disclosed their full and true income voluntarily and in good faith before the notice under section 139(2) or section 148 of the Income-tax Act was issued and, therefore, the petitioners had complied with all the conditions under section 273A of the Income-tax Act. Shri Bhujale further contended that the Commissioner of Income-tax had erred in coming to the conclusion that the returns were filed in pursuance of notice under section 148. Shri Bhujale contended that the Commissioner of Income-tax erred in coming to the conclusion that the returns filed by the petitioners in 1985 did not fall under sections 139(1), 139(3) and 139(4) and, therefore, the said returns were no returns....