LAWS(MPH)-1978-7-6

NEMICHAND GANESHMAL Vs. COMMISSIONER OF INCOME TAX

Decided On July 24, 1978
NEMICHAND GANESHMAL Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) THIS is a reference by the Income-tax Appellate Tribunal under Section 256(1) of the I.T. Act, 1961, at the instance of the assessee, referring for our answer the following questions of law :

(2.) THE relevant assessment year is 1963-64, the previous year ended on Diwali 1962. THE assessee was required to file his return under Section 139(1) of the I.T. Act, 1961, by 30th June, 1963. THE return was filed on 9th April, 1964, and thus there was a delay of 9 months. A penalty of Rs. 2,971 was imposed on the assessee by the ITO under Section 271(1)(a) of the Act. THE penalty was maintained in appeal by the AAC and the Income-tax Appellate Tribunal,

(3.) QUESTION No. 4 is also concluded in favour of the department by the decision of the Supreme Court in CIT v. K. Srinivasan [1972] 83 ITR 346. Following that decision, we answer the said question in the affirmative, in favour of the department and against the assessee.