TMI Blog2010 (2) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... a return is not accompanied by payment of admitted taxes. Accordingly, the financial position at the time of filing of return alone is relevant. Accordingly, the plea raised by the Revenue was rejected. Held that- dismissing the appeal, that the cancellation of penalty was justified. - 571 to 577 of 2009 - - - Dated:- 4-2-2010 - M. M. KUMAR and JITENDRA CHAUHAN JJ. Ms. Urvashi Dhugga for the appellant. JUDGMENT The judgment'of the court was delivered by 1. M. M. KUMAR J. - This order shall dispose of seven appeals filed by the Revenue against the same assessee-respondent but in respect of different assessment years, namely, 1982-83 to 1988-89. All these appeals filed under section 260A of the Income-tax Act, 1961 (for b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee-respondent had failed to file return and on his death in an accident the assessee-respondent had filed the return. Thus, the question raised by the Revenue before the Commissioner of Income-tax (Appeals) was concerning imposition of penalty under section 140A(3) of the Act. The Commissioner of Income-tax (Appeals) recorded a finding of fact that the assessment has been completed by the Assessing Officer in respect of the legal heir of the deceased, who was a widow of more than 65 years of age and resided abroad in Canada with her children. The assessee's accounts were under attachment by the court as also by the tax authorities later. Another finding of fact recorded is that amount under attachment in the bank with date of filing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al proceeded to examine the question whether the finding fact recorded by the Commissioner of Income-tax (Appeals) was based on material or not or whether such finding could be regarded as perverse. The answer given by the Tribunal to the aforesaid issue reads thus: "The condusion of the Commissioner of Income-tax (Appeals) is that at the time when the returns of income were filed by the assessee, the bank accounts of the assessee were lying attached as per order of the court. Secondly, the Commissioner of Income-tax (Appeals) also comes to a finding that on the date of filing of the return, such bank account contained monies which were sufficient to pay the tax demand in question. Thirdly, the Commissioner of Income-tax (Appeals) has com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 140A(3) is to operate from the date when the return of income is furnished if such a return is not accompanied by payment of admitted taxes. Accordingly, the financial position at the time of filing of return alone is relevant. Accordingly, the plea raised by the Revenue was rejected. 5. We have confronted the learned counsel for the Revenue with the various findings of facts and asked her if there is any material even at this stage to show that the findings recorded by the Commissioner of Income-tax (Appeals) as also by the Tribunal may be regarded as perverse. Learned counsel for the Revenue has not been able to show any such material nor is there any reference in any of the grounds of appeal which may lead us to conclude that the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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