G K RAVI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee was a minor and was admitted to the benefit of a partnership in a firm styled as Mysore Silk Palace which was carrying on business in Madras. THE assessee became major on 1st April, 1976. During his minority, his affairs in the firm were looked after by his natural guardian, his father. THEre was a delay in filing the returns of the assessee for the asst. yrs. 1971-72 to 1975-76 and the delay was partly caused by the finalisation of accounts of the firm.

(2.) THE ITO completed assessments for the asst. yrs. 1971-72 to 1975-76 and initiated the proceedings under s. 271(1)(a) of the IT Act, 1961 (hereinafter referred to 'the Act') and levied penalties under s. 271(1)(a) of the Act. THE ITO issued notice proposing to levy penalties and there was no response at all from the assessee and hence he levied penalties for all of the four years, as under : <FRM>JUDGEMENT_208_ITR235_1999Html1.htm</FRM>

(3.) THE contention of the learned counsel for the assessee is that the default in filing the returns occurred during the period when the assessee was a minor and, therefore, the penalty cannot be imposed on the assessee as he was not responsible for the delay in filing the return. THE submission overlooks the provisions of ss. 160 and 161 of the Act.