1994 (11) TMI 103

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....ase are that the assessee contested the levy of penalty under section 271(1)(a) of the Income-tax Act, 1961, for the years 1978-79, 1979-80 and 1980-81. It is not being disputed that the returns were filed after some delay. The Department had issued notice under section 148 of the Act for the assessment years 1978-79 and 1979-80. The assessing authority did not find the explanation of the assessee to be satisfactory for the delayed return and hence imposed penalties, which were confirmed by the first appellate authority. The Tribunal delated the penalty imposed for the assessment years 1978-79 and 1979-80, but maintained the penalty for the assessment years 1980-81 by treating the assessee as a defaulter only for a period of 20 months inste....

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....Bom) has no application to the question raised in the present cases. No doubt, in that case also there was delay in filing the return and that default resulted in issuance of notice for penalty under section 271(1)(a) of the Income-tax Act. In the said decision, the question whether when an assessee pays as advance tax more than the tax liability, it could constitute a ground for initiating proceedings for penalty under section 271(1)(a) of the Income-tax Act was not raised. Hence, this decision will have no application to the present case. Similarly, the Full Bench decision of the Patna High Court also has no application to the question raised in the present case. In that case, there was delay in filing the return and the question raise....