COMMISSIONER OF INCOME TAX Vs. GOLECHA R K

JUDGEMENT

(1.) : This is an application under s. 256(2) of the IT Act, 1961, for directing the Tribunal, Jaipur Bench, Jaipur, to state the case and refer a question of law arising out of the Tribunal's order dated September 26, 1974, passed in IT Appeal No. 454/JP/73-74 for the asst. yr. 1969-70, as the Tribunal had refused to do so by its order dated February 4, 1975, passed in Reference Application No. 195/JP/1974-75.

(2.) THE assessee filed the return on December 29, 1970, whereas he was required to file it on or before 30th September, 1969. Thus, there was a delay of 14 months and 28 days. THE ITO imposed a penalty of Rs. 7,232 under s. 271(1)(a)(i) of the IT Act, 1961. THE assessee went in appeal but was unsuccessful. Consequently, he filed a second appeal and, as already stated above, the Tribunal held that the assessee was under a bona fide belief that he may not be required to file the return, and further that there was no guilty intention on the part of the assessee in filing the return late. It is urged by Mr. Sagar Mal, counsel for the CIT, Rajasthan, Jaipur, that the firm, M/s S. Zorastar & Co., filed application for registration on October 8, 1969, and submitted the return of income for the asst. yr. 1969- 70 on December 9, 1969, as a registered firm. In these circumstances, there was no scope for the petitioner to think that he was not required to file the return as the firm was unregistered. It is submitted that the conclusion drawn by the Tribunal is perverse and not rationally possible.