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Section 271(1)(a), read with section 139, of the Income-tax Act, 1961 - Penalty - For late filing of return - Assessment year 1973-74 - Whether there could be levy of penalty under section 271(1)(a) for failure to file return under section 139(1) even if notice under section 139(2) had been issued - Held, yes FACTS The Tribunal held that once a notice under section 139(2) was issued to the assessee during the assessment year in question, no penalty under section 271(1)(a) could be levied on assessee for its failure of furnish a return under section 139(1). On reference: HELD In view of decision of same High Court in CIT v. Baldeo Choudhary Vijay Kumar (1988) 172 ITR 453 (Pat.), which was based upon a of a Full Bench of the same High Court in Jamunadas Mannalal v. CIT [1985] 152 ITR 261, it was held that the order of Tribunal was not justified. Note : The case was decided against the assessee. CASE REVIEW Jamunadas Mannalal v. CIT [1985] 152 ITR 261 (Pat.) (FB) and CIT v. Baldeo Choudhary Vijay Kumar (1988) 172 ITR 453 (Pat.) followed and relied upon. CASES REFERRED TO Jamunadas Mannalal v. CIT [1985] 152 ITR 261 (Pat.) (FB) and CIT v. Baldeo Choudhary Vijay Kumar (1988) 172 ITR 453 (Pat.) K.K. Vidyarthi and S.K. Sharan for the Applicant. G.C. Bharuka and Navaniti Prasad Singh for the Respondent. JUDGMENT A statement of the case has been submitted by the Commissioner of Income-tax, Bihar-II, Ranchi Bench, under section 256(1) of the Income-tax Act, 1961, and the following question has been referred for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that once a notice under section 139(2) of the Income-tax Act, 1961, has been issued to an assessee during the relevant assessment year, there cannot be any penalty under section 271(1)(a) for the failure to furnish the return under section 139(1) of the Income-tax Act, 1961?" Learned counsel appearing for the parties are agreed that in similar circumstances and more or less on identical facts, this court had taken a view in favour of the Revenue in Taxation Case No. 49 of 1980 (CIT v. Baldeo Choudhary Vijay…

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