Guwahati Court January 1983 Judgments

Sewbalakram and Co. Vs. Commissioner of Income-tax

Court: Guwahati

Saikia, J. 1. In this reference under Section 256(1) of the I.T. Act, 1961, the Income-tax Appellate Tribunal, Gauhati Bench, has referred the following question of law : 'Whether, on the facts and in the circumstances of the case arid on a proper construction of Section 139 and Section 271(1)(a) of the Income-tax Act the Tribunal was right in upholding the levy of penalty under Section 271(1)(a) of the Income-tax Act ?'2. As the case is stated, the assessee is a registered firm with its principal place of business at Kohima, Nagaland. The assessment year is 1962-63. A notice under Section 139(2) was issued on December 12, 1962, requiring the assessee to file a return within 30 days, but no return was filed and a notice under Section 274 read with Section 271(1)(a) was issued on February 8, 1963, asking the assessee to show cause as to why penalty should not be imposed for not complying with the notice at this stage. A return was filed by the assessee on April 15, 1964, Further opport...