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2005 (1) TMI 46 - HC - Income TaxPenalty for delay in filing return - "Whether, Tribunal is right in cancelling the penalty levied by the Assessing Officer under section 271(1)(a) observing that 'month' in section 271(1)(a) meant calendar month and not the lunar month of 28 or 30 days?" - the word "month" occurring in section 271(1)(a) of the Act has to be reckoned according to the British calendar according to section 3(35) of the General Clauses Act, 1897. - The view taken by the Tribunal is correct - question referred to the court is, therefore, answered in the affirmative, i.e., in favour of the assessee
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