1991 (1) TMI 179

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....public is substantially interested. For assessment year 1985-86 the assessee filed return of income declaring total loss of Rs. 19,120. The Income-tax Officer in the assessment order made under section 143(3) of the Act determined the total loss at the said figure, but directed that the said loss would not be carried forward. The reason given for this direction was that the return had been filed o....

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....1985 should be regarded to have been filed within the time allowed by the Board. The CIT(A) did not accept this submission. He stated that the returns were required to be filed on or before 31-8-1985 and as such the fact that 31-8-1985 was a holiday was irrelevant and that the return should have been filed before 31-8-1985 in order to obtain benefit under said instructions of the Board. He accordi....

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....ded to have been filed within the time allowed under section 139(1) of the Act. It is true that the assessee had not filed Form No. 6 before the Income-tax Officer. However, the Circular of the Board itself indicated that due to disturbances and due to enforcement of curfew the assessees could not have taken any action for filing of returns which impliedly included filing of Form No. 6. Consequent....