1985 (9) TMI 118

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ke of convenience. 2. Assessments of these assessees were completed and served before and after 15th Dec., 1978 i.e. the last date of filing estimate of advance tax, respectively. 3. The ITO had imposed penalties under s. 273(1)(b) on all these assessees as they failed to furnish the estimates as new assessee before the last date of instalment i.e. 15th Dec., 1978. The ld. AAC of IT had conf....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... were served on them fixing the case on 18th Nov., 1978 which were complied with and no other particulars were required from them. Each assessees had only one source of income as beneficiaries of a trust. They had an impression that assessments are likely to be completed as soon as the hearings were completed. As a matter of fact, he had pointed out that the assessments were in fact completed on 2....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ort and interesting point of law arises in these cases. It appears to us that s. 209A(1)(b) does not provide any obligation of filing estimate to those assessees who were not assessed before the first date of filing estimate but assessed before the last date of filing the same. This may be a lucuna, but humbly following the decision of Smt. Tarulata Shyam & Ors. vs. CIT 1977 CTR (SC) 275 : (1977) ....