COMMISSIONER OF INCOME TAX Vs. ALIMOHAMAD AND COMPANY

JUDGEMENT

(1.) THIS reference at the instance of the revenue under Section 256(1) of the Income-tax Act of 1961 (hereafter referred to as "the Act") made by the Appellate Tribunal asks us to decide the following question of law :

(2.) THE assesses is a firm and the year of assessment is 1963-64. THE accounting period ended on March 31, 1963, and the return under Section 139(1) of the Act was due by 30th of September, 1963. THE return was, however, filed on June 26, 1965. THE Income-tax Officer issued a notice under Section 271(1)(a) of the Act to the assessee which it received on 30th June, 1965, to show cause why penalty may not be levied. THE assessee made no compliance. A sum of Rs. 5,625 was imposed by way of penalty under Section 271(1)(a) of the Act.