1976 (3) TMI 69

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....see did not file a voluntary return within the time allowed under s. 139(1); that no notice under s. 139(2) was served on the assessee during the assessment year and that the assessee received a notice under s. 148 on 8th Nov., 1971 in response to which it filed its return on 13th Dec., 1971 disclosing a total income of Rs. 24,604. The assessment was, however, completed on a total income of Rs. 27....

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....ee could not be said to have any obligation to file its return voluntarily. The Departmental Representative has strongly relied on the order of the ITO and the AAC. 4. Having heard the parties and after going through the facts on record, I am of the opinion, that the submissions made on behalf of the assessee are well founded. It is pertinent that the return was filed by the assessee disclosing....