TMI Blog1990 (6) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... t/balance sheet if regular books of accounts were maintained by it. If regular books of accounts were not maintained by it, it was indicated in the said letter that certain statements as to amount of turnover, gross receipts, gross profits, expenses, net profit, basis on which the said amounts were computed, amounts of sundry debtors, amounts of total sundry creditors, stock in trade and closing cash balance, were not attached with the return. The said letter initially required the defect to be removed by 10-10-1980. It appears that date was later scored out and was substituted by 12-5-1982. The letter was served upon the assessee on 28-4-1982. On 21-5-1982 the ITO noticed that no compliance was made of the said letter. He, therefore, treat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iated. His contention is that it must be taken that the assessment was completed on the basis of the original return and there was no delay in filing thereof. It is also his contention that the partners of the firm were Shri Vishwambhar Nath and his two daughters-in-law, Smt. Suman and Smt. Saroj. Vishwambhar Nath died on 27-5-1985 and there was no working partner to look after the affairs of the firm. The show-cause notice said to have had been served on the assessee on 2-7-1985, learned counsel for the assessee argued, is not known to have had been served on any responsible person. The assessee, therefore, had no opportunity to represent the penalty proceedings. Learned Departmental representative, on the other hand, placed reliance upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded. These decisions show that courts have drawn a distinction between a term created within which an act may be done and a time limited for the doing of an act. The rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded (see Goldsmiths' Company v. West Metropolitan Railway Company [1904] 1 KB 1). " 4. Section 9 of General Clauses Act, 1897 (reproduced below) is quite obvious on this point and there is no manner of doubt that it is applicable for construing Income-tax Act :-- " 9. Commencement and termination of time.-- (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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