| Case ID |
e04863a4-f117-4548-b8df-bb4332d278cd |
| Body |
View case body. Login to View |
| Case Number |
IT REFERENCE No. 56 OF 1974 |
| Decision Date |
Feb 25, 1981 |
| Hearing Date |
|
| Decision |
The Delhi High Court held that the penalty under section 271(1)(a) of the Income-tax Act, 1961 was indeed applicable to the case of the assessee, Bhagat Swarup Charanjit Singh & Co., for late filing of the return for the assessment year 1961-62. The court clarified that the principle established in the Supreme Court case of CIT v. Kulu Valley Transport Co. (P.) Ltd. could not be extended to negate the imposition of penalty for returns filed under section 139(4). The court emphasized that the legislative intent was clear, and the provisions of section 271(1)(a) should not be rendered redundant by misinterpretation. Thus, the penalty of Rs. 18,306 imposed by the Income Tax Officer (ITO) was upheld as the return was filed beyond the time prescribed under sections 139(1) and (2). |
| Summary |
This case revolves around the interpretation of the Income-tax Act, 1961, specifically regarding the penalty for late filing of tax returns. The Delhi High Court examined the case of Bhagat Swarup Charanjit Singh & Co., which filed its return for the assessment year 1961-62 late, despite being within the time allowed under section 139(4). The court referenced several precedents, including CIT v. Kulu Valley Transport Co., to clarify the applicability of penalties under section 271(1)(a) for late submissions. It concluded that the previous rulings could not be interpreted to exempt the assessee from penalties associated with late filings. The ruling reinforces the importance of adhering to statutory deadlines and the legal consequences of failing to meet them. This case is significant for tax professionals and firms as it highlights the strict interpretations of tax laws and the consequences of non-compliance, providing a critical precedent for future tax-related litigations. Keywords such as 'Income-tax Act', 'penalty for late filing', and 'tax compliance' are essential for understanding the implications of this ruling. |
| Court |
Delhi High Court
|
| Entities Involved |
Addl. Commissioner of Income-tax,
Bhagat Swarup Charanjit Singh & Co.
|
| Judges |
Ranganathan, J.
|
| Lawyers |
K.K. Wadhera,
Anoop Sharma,
P.N. Monga,
Anil Anand,
Sunil Chopra
|
| Petitioners |
Not available
|
| Respondents |
Bhagat Swarup Charanjit Singh & Co.
|
| Citations |
1982 SLD 802,
(1982) 133 ITR 13
|
| Other Citations |
CIT v. Kulu Valley Transport Co. (P.) Ltd. [1970] 77 ITR 518,
CIT v. Gangaram Chapolia [1976] 103 ITR 613 (Ori.) (FB),
Metal India Products v. CIT [1978] 113 ITR 830 (All.) (FB),
K.C. Vedadri v. CIT [1973] 87 ITR 76 (Mad),
Addl. CIT v. Santosh Industries [1974] 93 ITR 563 (Guj.),
Sunderlal Rethi v. ITO [1974] 97 ITR 183 (Cal.),
Addl. CIT v. Dongarsidas Biharilal [1979] 116 ITR 897 (Pat.),
Addl. CIT v. Raghunandan Prasad Radhey Shyam [1979] 116 ITR 948 (Pat.),
Chunnilal & Bros. v. CIT [1979] 119 ITR 199 (MP),
P.N. Sikand v. CIT [1980] 126 ITR 202 (Delhi)
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
271(1)(a),
139(1),
139(2),
139(4)
|