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TMI Blog1984 (3) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1086 under s. 273(c) of the Act. The appeal are opposed by the Department. 2. For the asst. yr. 1976-77 the assessee, who follows the calendar year as his accounting year, filed his income-tax return on 4th Oct., 1976 though it was due for filing on 30th June, 1976. In response to a show cause notice under s. 271(1)(a) of the Act no written explanation was submitted by the assessee. He, however ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess income of Rs. 53,560 and agricultural income of Rs. 72,036. The assessee, however, did not file the estimate under s. 212(3A) of the Act. For this default a show cause notice under s. 273(c) of the Act was issued to the assessee who by a written explanation dt. 26th April, 1979 claimed to have submitted the estimate. The ITO did not accept the claim of the assessee that due to sudden rise in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of three completed months. It is also not disputed that no written explanation was submitted by the assessee before the ITO. It was contended before us that the income-tax return could not be prepared due to the accountant's latches and that extension of time was prayed for by filing Form No. 6. But it has to be noted that this explanation was not put forth before the ITO. Before him it was conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty imposed under s. 273(c) of the Act cannot be sustained. It is not the case of the Department that the assessee failed to furnish the estimate of advance-tax payable by him in accordance with the provisions of sub-s. (3A) of s. 212 of the Act. From the order of the ITO it is clear that he imposed the penalty for furnishing an estimate which was below the income of the assessee. So, he has im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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