COMMISSIONER OF INCOME TAX Vs. ANWARKHAN MEHBOOB CO

JUDGEMENT

(1.) IN the case (M.C.C. No. 172 of 1987) a reference has been refused at the instance of the Revenue, therefore, this application has been made for calling the reference from the Tribunal. Similar are the cases, M.C.C. No. 183 of 1987 and M.C.C. No. 184 of 1987.

(2.) BRIEF facts giving rise to all these three references are that the assessee/ respondent is a registered firm and earning income from business of Bidi manufacturing and sale. Reference (M.C.C. No. 172 of 1987) relates to the period of 1976-77. In this case, the assessee has filed a return belatedly, therefore, the penalty under S. 271(1)(a) of the IT Act, 1961, was imposed and appeal was preferred and that was affirmed and ultimately, the matter reached to the Tribunal. The Tribunal after considering over the matter found that it is true that the return has been filed belatedly. It is after 9 months from the date of accounting year. The assessee requested for extension of time. The ITO granted time up to 31st July, 1976 and the return was furnished late by 30 months. The Tribunal after considering the explanation given by the assessee observed

(3.) THEREFORE , we are of the opinion that no question of law arises in all these three references and the same are rejected.