9911796707
TMI Blog1979 (11) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... 976 on an income of Rs. 33,660 on which the income-tax demand worked out to Rs. 1,492. The assessee paid advance-tax as demanded by the ITO, the payment made being in the sum of Rs. 1,494. The assessee filed the return of income on 17th May, 1978 declaring an income of Rs. 2,00,030, the income-tax whereon worked out to Rs. 37,408. The assessee made payment on self assessment basis under s. 140A of the Act in the sum of Rs. 35,914 on 16th May, 1978. The assessment in the case of the assessee was completed on 31st May, 1978 and the assessed income stood at Rs. 2,08,230, the income-tax whereon worked out to Rs. 39,573. The assessee having also been subjected to interest under ss. 139(8) and 217 (1A) of the Act, the resultant total demand of ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stered firm is not carried forward in the hands of the firm itself for set off against future profits. Such loss available for carry forward as per record of the assessee was Rs.1,58,594. The total income after adjustment of past losses would be Rs.41,436 and the tax payable thereon works out to Rs. 2,091 (75 per cent of it would be Rs. 1,518). Assessee paid Rs. 1,492 as advance-tax during the year. Thus the difference is very nominal. There was no intention to default. The breach, if any, is merely technical or venial and flowed from the bona fide ignorance. Moreover, this year the income has gone up as the tea sold after 15th March, 1977 fetched a higher price in the market, which the assessee did not expect. It may also be noted that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of sales before and after the un-expected rise in tea prices." Still aggrieved, the assessee has come up in second appeal, as such we are seized of the matter. 8. Before us the ld. counsel for the assessee has contended on the very similar lines as are found in the written submissions since made before the ITO by the assessee and which stand reproduced above. Additionally, the ld. counsel for the assessee has contended that the assessee has since paid all the taxes as also the interest levied by the ITO thereon sincerely, the taxes having been paid on self estimate basis under s. 148(A) of the Act as also the balance having been paid when the regular challan for payment of tax was received on the basis of due and payable tax as was found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs in the case of a registered firm could also be set off and this point has been stressed by him to prove the bona fide belief of the assessee in not filing the estimate of income-tax, on the facts of the case in appeal before us, as was required under s. 212(3A) of the Act. 9. On its part, the Revenue have supported the orders of the lower authorities and have stressed the logic and reasoning behind these orders. 10. We have given our very careful consideration to the facts of the case, as also we have perused the orders of the lower authorities. From the admitted facts it follows that the assessee has paid the advance-tax as was demanded from him by the ITO vide notice dt. 28th May, 1976, the assessee has also made payment on self asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave come to the conclusion that the assessee has failed to furnish an estimate of advance-tax payable by him in accordance with the provisions of sub-s. (3A) of s. 210, without reasonable cause. The penalty proceedings being what these are, these have been held by various High Courts as also the highest Court of the land, the Supreme Court, to be proceedings is the nature of quasi-judicial one. In the matter of quasi-judicial proceedings where imposition of penalty is called for, to justify the imposition of penalty, the onus is on the Department to establish prima facie by producing some evidence that the assessee is liable to payment of penalty for default to file an estimate of the advance-tax payable by him in accordance with the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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