COMMISSIONER OF INCOME TAX Vs. J K BERI

JUDGEMENT

(1.) FOR the asst. yr. 1962-63, the assessee was required to file the return of income by the extended date on 30th Nov., 1962. The assessee, however, filed the return of income on 20th June, 1963. For the delay of about seven months in the submission of the return of income, the ITO initiated penalty proceedings under S. 271 (1)(a) of the IT Act, 1961 (hereinafter referred to as the Act) and issued a show-cause notice to the assessee. In response to the show-cause notice the assessee filed written reply on 21st Jan., 1969, wherein it was pleaded that the assessee had been applying for extension of time to file the return of income from time to time. The ITO did not accept the plea of the assessee and imposed a penalty of Rs. 10,500 under S. 271 (1)(a) of the Act.

(2.) THE appeal filed by the assessee before the AAC was partly dismissed. The AAC reduced the amount of penalty to Rs. 9,000 as against Rs. 10,500.

(3.) THE Revenue approached the Tribunal with the prayer that the following question, which, according to the Revenue, is a question of law, be referred to this Court for its opinion : "Whether on the facts and in the circumstances of the case the Tribunal is correct in holding that the default of late filing of the return is only for the period 1st Dec., 1962 to 29th Jan., 1963 ?"