1984 (9) TMI 80

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.... the penalty levied by the ITO under s. 271 (1)(a). 2. Due to the default of delayed submission; of the return the ITO initiated proceedings under s. 271 (1)(a) and issued show cause notice in reply to which the assessee stated that since the Munim; had left the service without any proper intimation, the accounts could not be finalised as also the return could not be filed in time. The explanat....

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....hich the assessee firm heavily relied have left the services in May, 1978 and by leaving the services he carried out some books of account to enable him to press his undue demands with the firm. It was only after 1 and 1/2 years that the Munim returned the books of account carried out by him, and with the help of new munim subsequently engaged by the assessee firm when the books of account could b....

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.... ld. Departmental representative and the facts on record. 5. Before us it was contended by the ld. Departmental representative that the assessee could produce no explanation or evidence to show that its accounts could not be finalised due to the fact that its Munim left the service without any ;intimation. He pointed out that the assessee gave different version to different authorities. He poin....

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....of the ld. Departmental representative and considered the facts on record. A perusal of the penalty order would show ;that the assessee furnished an explanation before the ITO that there was delay in filing the return because of the fact that the accounts could not be finalised since the Munim of the assessee suddenly left his service without proper intimation. The ITO rejected that explanation of....