| Case ID |
16684e86-306d-42c8-bc4b-2596e8af322e |
| Body |
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| Case Number |
IT REFERENCE No. 75 OF 1974 |
| Decision Date |
Oct 05, 1977 |
| Hearing Date |
|
| Decision |
The court held that the imposition of penalty under section 271(1)(a) was justified as the assessee failed to provide reasonable cause for the late filing of the return. The assessee's claims regarding the illness of the chief accountant and the non-receipt of accounts from branches were not substantiated by evidence. Consequently, the taxing authorities and the Tribunal were correct in their decision to impose a penalty, affirming the revenue's position in this case. |
| Summary |
In the case of Vithaldas Jayawant vs. Commissioner of Income Tax, the Bombay High Court addressed the issue of late filing of income tax returns under the Income-tax Act, 1961. The assessee, a partnership firm, filed its return late and cited reasons such as illness of the chief accountant and delays in receiving accounts from branches. However, the court found that the assessee failed to produce any evidence to support these claims. As a result, the court upheld the penalty imposed under section 271(1)(a) for not filing the return within the prescribed period, reinforcing the importance of compliance with tax regulations. This case highlights the necessity for taxpayers to substantiate claims made for extensions or penalties, ensuring that reasonable causes are documented and verified. |
| Court |
Bombay High Court
|
| Entities Involved |
Not available
|
| Judges |
Kantawala, C.J.,
Chandurkar, J.
|
| Lawyers |
L.S. Dewani,
R.J. Joshi,
S.V. Natu
|
| Petitioners |
Vithaldas Jayawant
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
1978 SLD 592,
(1978) 113 ITR 866
|
| Other Citations |
Not available
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
271(1)(a)
|