1981 (10) TMI 65

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....rns were filed late. For the asst. yr. 1971-72 the return was due on 30th June, 1971 and it was filed on 27th December, 1971. For the asst yr. 1972-73 the return was due on 31st July, 1972 but it was filed on 22nd February, 1973. The assessee stated that there was delay on account of the fact that he could not get his particulars of wealth until the company held its general body meeting. The meeti....

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.... for the assessee, contended before us that the penalty cannot be levied in as much as no notice u/s 18(1)(a) was issued by the succeeding officer who levied the penalty. Secondly, it was contented that the assessee could not file the return till the general body meeting was held as most of the particulars of his wealth could be obtained only after the audit of the accounts of the company in which....

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....hat the assessee filed returns voluntary u/s 14(1) cannot be a ground for cancelling the penalty u/s 18(1)(a) though it may be the relevant factor for dealing with the matter u/s 18(B). 3. With regard to legal contention Mr. Das Gupta stated that notice was originally issued u/s 18(1) (a) and there was no prejudice caused to the assessee. He has also stated that in case the notice is necessary ....