| Case ID |
0b8dd57f-dc33-4658-b055-89e1668647f2 |
| Body |
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| Case Number |
81 of 1970 |
| Decision Date |
Dec 17, 1971 |
| Hearing Date |
|
| Decision |
The case involved the interpretation of provisions under the Income-tax Act, specifically sections 139 and 271 regarding the filing of returns and penalties. The Tribunal held that since interest was only chargeable when the Income-tax Officer extended the time for filing upon the assessee's application, and given that such an application was presumed to exist, the penalty was not leviable. This decision was rooted in the presumption that official acts have been regularly performed as per the Evidence Act. The judgment concluded in favor of the assessee, affirming that the actions taken by the Income-tax Officer were justified based on the circumstances presented. |
| Summary |
This case revolves around the Income-tax Act, 1961, particularly focusing on the stipulations regarding the filing of income returns and the associated penalties for late submissions. The Income-tax Officer (ITO) had imposed interest and a penalty on the assessee, M. Manik Rao, for not filing his return within the prescribed timeframe under section 139(1). The Tribunal, upon reviewing the case, noted that the ITO has discretion to extend the filing deadline based on an application from the assessee. It was inferred that such an application must have been made, leading to the conclusion that since the ITO extended the time, the penalty under section 271(1)(a) could not be applied. The ruling emphasized the importance of procedural fairness and the presumption of proper conduct in official duties, ultimately ruling in favor of the assessee. This case highlights essential aspects of tax law and administrative processes, making it relevant for practitioners in the field of tax law and compliance. |
| Court |
Supreme Court
|
| Entities Involved |
Not available
|
| Judges |
Chinnappa Reddy,
A.D.V. Reddy
|
| Lawyers |
Not available
|
| Petitioners |
Commissioner of Income Tax
|
| Respondents |
M. Manik Rao
|
| Citations |
1977 SLD 1276,
(1977) 109 ITR 580
|
| Other Citations |
Not available
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
139(1),
271(1)(a)
|