1995 (4) TMI 90

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....olding that no time limitation was prescribed under s. 206 of the IT Act, 1961 for filing of return under s. 206 on Form No. 24 when the r. 37 r/w s. 206 clearly prescribes the time limitation for the purpose?" 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the default of not filing the return under s. 206 r/w r. 37 was a technical default for which penalty under s. 272A(2)(c) could not be imposed?" 2. Inasmuch as, in our opinion, no question of law arises out of the aforesaid order of the Tribunal, we decline to draw up a statement of the case. 3. For financial year 1987-88, the assessee was required are as per Assessing Officer (AO) to file return under s. 206 of the I....

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....unt, and that the default, if any, was a mere technical default of not filing the return under s. 206 before the concerned IT authorities. The Tribunal further noted that as soon as the show-cause notice was received by the assessee, the returns on Form No. 24 were also duly filed before the IT authorities. It was also seen that for the financial years 1991-92, 1992-93 and 1993-94, there was absolutely no default and the returns had been filed before the close of the month of April immediately succeeding the financial year. Taking all these factors into consideration, the penalties were deleted. 6. The learned Departmental Representative submitted that the two identical questions proposed by the Revenue were questions of law which requir....