V. M. G. RAJENDRA VANDAYAR v. INCOME TAX OFFICER
[Citation -1984-LL-0728-12]
Citation | 1984-LL-0728-12 |
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Appellant Name | V. M. G. RAJENDRA VANDAYAR |
Respondent Name | INCOME TAX OFFICER |
Court | ITAT |
Relevant Act | Income-tax |
Date of Order | 28/07/1984 |
Assessment Year | 1974-75 |
Judgment | View Judgment |
Keyword Tags | show-cause notice • bona fide belief • returned income • estimate basis • taxable limit |
Bot Summary: | For later submission of return of his income, penalty proceedings were initiated against the assessee. In response to the show-cause notice, the assessee submitted that he had handed over the relevant papers to his Auditor in time, but the Auditor did not file the return of income till 17th Nov., 1975. In the course of appellate proceedings before the AAC, the assessee pleaded that his returned income, being Rs. 4,000 or so, was below the taxable limit and that it was only because that his income was finally assessed at Rs. 28.923. The plea of the assessee that the delay in filing the return was attributable to the negligence of his Auditor is not supported by any material on record. The mere fact that the Auditor was removed by the assessee after about two years does not substantiate the contention of the assessee. Counsel for the assessee before us is that the returned income of the assessee amounted to Rs. 4,000 or so and that the ITO assessed the same at Rs. 28,923 on account of certain additions made on estimate basis and the disallowing certain expenses claimed by the assessee. According to him, the assessee was under a bona fide belief that his income was below the taxable limit, that he was not legally bound to file the return of his income and, as such, no penalty could be levied on him for the delay in filing the return. |