| Case ID |
36aa8451-3486-4aec-a026-70f06ead9060 |
| Body |
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| Case Number |
Case Referred No. 106 of 1977 |
| Decision Date |
Dec 31, 1982 |
| Hearing Date |
|
| Decision |
The court ruled on two questions regarding the assessment of advance tax penalties under the Income Tax Act. It was determined that the burden of proving reasonable cause for not filing an estimate of advance tax lies with the assessee. The court found that the Tribunal had sufficient grounds to decide that the assessee had reasonable cause for not furnishing the advance tax estimate. Consequently, the court affirmed the Tribunal's decision to cancel the penalties imposed for the assessment years in question. |
| Summary |
This case discusses the implications of the Income Tax Act, 1961, particularly focusing on the penalties associated with the failure to furnish an estimate of advance tax. The ruling clarifies the burden of proof required to establish reasonable cause, emphasizing that the burden rests on the assessee. The judgment highlights the discretion of the Income Tax Officer in imposing penalties, which must be based on a thorough examination of the circumstances surrounding each case. The decision is significant for understanding the nuances of tax law compliance and the judicial interpretation of reasonable cause in tax assessments. The case serves as a precedent for similar cases where taxpayers contest penalties for failure to file advance tax estimates, underscoring the importance of maintaining accurate financial records and timely submissions to avoid penalties. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
Punnayya,
Jeevan Reddy
|
| Lawyers |
Ch. Srirama Rao,
M. J. Swamy
|
| Petitioners |
Commissioner of Income Tax A. P. 11
|
| Respondents |
Messrs Anantharam Veerasingaiah & Co.
|
| Citations |
1985 SLD 86,
1985 PTD 523
|
| Other Citations |
1981 T L R 1080,
134 I T R 609 (Cal.),
(1977) 110 I T R 411 (Guj),
(1975) 98 I T R 343 (Punj & Har),
(1975) 100 I T R 329 (Pb. & Har.),
1973 T L R 869,
(1975) 101 I T R 368 (All.),
A I R 1970 S C 253,
(1972) 831 TR26,
AIR1970SC 1782,
(1970)761 ITR 696,
(1961) 431 ITR 432,
(1960) 1 K L R 505
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
256
|