| Case ID |
0378a0ef-2d40-4084-8fa6-dcd4053e51b4 |
| Body |
View case body. Login to View |
| Case Number |
Income Tax Reference No. 2 of 1974 |
| Decision Date |
Aug 01, 1975 |
| Hearing Date |
|
| Decision |
The court upheld the penalty imposed for the late filing of the income tax return, stating that the Income Tax Officer was justified in ignoring the petition for extension submitted after the deadline. The court ruled that while the application for extension was considered, it was submitted too late, and thus, the penalty for non-filing was valid. The court also clarified that failure to quantify the penalty in the order did not invalidate the penalty itself, as the basis for calculation was clear from the law. Furthermore, the Tribunal's decision to allow references under section 256(1) was upheld, confirming that even if the matter was remanded, it did not affect the validity of the reference. |
| Summary |
In the case of Assam Frontier Veneer and Saw Mills vs. Commissioner of Income Tax, Assam, the High Court dealt with issues surrounding the late filing of income tax returns and the subsequent penalties imposed under the Income Tax Act, 1961. The court examined the validity of the Income Tax Officer's decision to impose a penalty under section 271(1)(a) for not filing the return in time. The court found that the application for extension was submitted after the due date and therefore did not obligate the Income Tax Officer to consider it, leading to the upholding of the penalty. This case highlights the importance of timely compliance with tax regulations and the consequences of failure to do so, including the imposition of penalties. The ruling reinforces the discretion of tax authorities in handling late filings and the legal implications of such decisions, making it significant for taxpayers and legal practitioners in tax law. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
M.C. PATHAK, C.J.,
D.M. SEEN, J
|
| Lawyers |
B. P. Saraf,
G. K. Talukdar
|
| Petitioners |
ASSAM FRONTIER VENEER AND SAW MILLS
|
| Respondents |
COMMISSIONER OF INCOME TAX, ASSAM
|
| Citations |
1977 SLD 34,
(1978) 37 TAX 111
|
| Other Citations |
TRIKAMLAL MANEKLAL, In re (1958) 33 ITR 725 (Bom),
CIT v. Ratna Kanti Bhuyan (1976) 103 ITR 397 (Gauhati),
Venkata Krishnaiah (T.) & Co. v. Cir (1974) 93 ITR 297 (AP)
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
271,
256
|