TMI Blog1999 (6) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... arked "Duplicate return". This return was also not verified nor it was signed. A notice under s. 17 was issued on6th Oct., 1988, calling upon the assessee to file the return and the assessee filed return on8th Nov., 1988. According to the AO, there was delay of 28 months reckoned from the due date of filing the return till the filing of the return on8th Nov., 1988, in persuance of notice under s. 17. Penalty proceedings were initiated under s. 18(1)(a) in reply to the said notice, the assessee-company filed a written submissions dt.16th April, 1990, in which it was pleaded that the company had filed return on30th Sept., 1986, within the extended time. It was found that the same was not signed, therefore, letter was filed on6th Oct., 1988, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the company so the company should not be penalised for this technical mistake. Reliance was placed on the decision of the Tribunal in the case of IAC vs. Punjab United Pesticides Chemicals Ltd. (1989) 31 ITD 535 (Chd). Reliance was also placed on the decision of the Tribunal in the case of Vijay Trading Co. vs. ITO (1985) 13 ITD 526 (Nag). The learned assessee's counsel further pointed out the decision of the Hon'ble Delhi High Court in Shakuntla Mehra vs. CWT (1976) 102 ITR 301 (Del) and CWT vs. B. Imran Hussain (1995) 128 CTR (Mad) 338 : (1995) 211 ITR 1017 (Mad). 2. Learned Departmental Representative relied on the order of the CIT(A) and contended that the assessee filed her return which was invalid in the eyes of law. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under: "42C. No return of wealth, assessment, notice, summons or other proceeding furnished or made or issued or taken on purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of wealth, assessment, notice, summons or other proceeding, if such return of wealth, assessment notice summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act." 3.1. Therefore, taking the spirit of law, we are of the opinion that when the AO noticed that the return has not been signed whereas the tax has been paid, he shou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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