1977 (2) TMI 26

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....ction of its application under s. 146 of IT Act, 1961. The assessee filed its return showing an income of Rs. 47,560. The ITO on 29th July, 1974 issued notice under s. 142(1) and 143(2) alongwith which he issued a questionnaire to the assessee. The notice was served upon the assessee on 30th July, 1974 and the assessee was asked to comply with these notices on 20th Aug., 1974. The assessee filed i....

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....80,000. The assessee made an application under s. 146 of the IT Act. The ITO, mentioning the various dates when the time was allowed to the assessee under s. 142(1) of the Act, stated that the assessee could not adduce any reasons which prevented him from complying with the terms and conditions of the notice under s. 142(1) of the Act. He, accordingly, rejected the application of the assessee. ....

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....he firm. The partners of the firm were assessed in Calcutta and they were also residing there. Hence the assessee could not obtain the particulars as desired by the ITO within a short time. The assessee urged that firstly there was no non-compliance of notice under s. 142(1) and 143(2) even if it is held that the assessee was in default, the assessee was prevented from reasonable cause because it ....

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.... required to furnish the detail on the basis of the notice of the ITO dt. 29th July, 1974. He was also required to file the desired particulars on or before 20th Aug., 1974. This is a fact that the assessee did not comply with the notice on 20th Aug., 1974, but, however, before the completion of the assessment, the assessee filed its written reply on 18th Sept., 1974. The order sheet of the ITO ha....