Law:

Section:

Section 271(1)(a) , read with section 139 of the Income-tax Act, 1961 – Penalty – For late filing of return - Assessment years 1965-66 and 1966-67 – Whether where returns were not filed by assessee before due dates mentioned in section 139(1), and there had been no order by ITO extending time for filing returns, it must necessarily follow that returns had not been filed within time allowed and in manner required by section 139(1) and therefore, penalty under section 271(1)(a) could be levied on assessee even though at same time interest under proviso to section 139 had also been imposed - Held, yes FACTS The ITO levied penalty under section 271(1)(a) for late filing of returns. The assessee contended that the ITO had collected interest under section 139(1) and, therefore, he had no jurisdiction to impose the penalty. This contention was rejected by the ITO as well as the AAC on appeal. On further appeals, the Tribunal confirmed the orders of the AAC. On reference, the assessee contended that so long as the ITO had collected the interest under the third sub-clause of proviso to section 139(1), he must be deemed to have extended the time and, therefore, the penalty could not be levied under section 271(1)(a). HELD In the instant case, admittedly no application was presented by the assessee in the prescribed manner to the ITO for extension of time for filing the returns nor the ITO had any occasion to pass any order extending the time. So long as the returns were not filed before the due dates mentioned in section 139(1), and so long as there had been no order by the ITO extending the time for filing the returns, it must necessarily follow that the returns had not been filed within the time allowed and in the manner required by section 139(1) and therefore, the provisions of section 271(1)(a ) were clearly attracted and the penalty was lawfully levied on the assessee, for the delay in submission of the returns when at the same time interest under the proviso to section 139 had also been imposed. Note : The decision was in favour of revenue. JUDGMENT Ismail, J.—The Income-tax Appellate Tribunal, Madras Bench, under section 256(1) of the Income-tax Act, 1961…

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