2001 (11) TMI 231

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..... oth the appeals relates to the levy of penalty under s. 272A(2)(e) on account of late filing of the return. 2. The assessee is a charitable and educational society. The penalty proceedings were initiated under s. 272A(2)(e) for the years under consideration on the ground that the assessee had not filed the return of income within the period specified under s. 139(4A). The explanation of the asse .....

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..... artmental Representative has not been able to place any material to controvert the finding of the CIT(A) that the trust is exempt under s. 10(22). Consequently, in our opinion, the CIT(A) was justified in holding that assessee was not required to file the return under s. 139(4A) and penalty could not be sustained. This view is also fortified by the decision of the Tribunal in the case of ITO vs. S .....

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