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1975 (10) TMI 38

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..... order. 2. The assessee in all the four appeals are sons of the late Balbhadra Prasad Gupta. Three of them, namely, Kumar Sao, Krishna Kumar Sao and Ganesh Prasad Sao are minors. The appeals are against the orders of the AAC cancelling penalties levied by the WTO under s. 18(1)(a) of the WT Act, for the asst. yr. 1970-71. 3. The returns of wealth of the above person, for the asst. yr. 1970-71, w .....

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..... e to know of his liability and had co-operated with the Department and paid the taxes promptly. In the circumstance stated above, they all requested that penalty proceedings may be dropped. The WTO did not consider the explanation given by them to be satisfactory. He, therefore, levied penalties amounting to Rs. 3,640 on Shri Kumar Sao, 3,160 on Shri Krishna Kumar Sao, Rs. 2,940 on Shri Vijay Shan .....

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..... ) died on 16th June, 1967. At that time, all the four assessees before us were minors. It was only in 1969 that one of the four assessees namely, Vijay Shankar attained majority. Thereupon, Smt. Narsingh Bai executed a power of attorney in his favour. He being the eldest of the four sons, also became Karta of the family consisting of his mother, himself and his brothers. After attainment of majori .....

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..... as it was practicable for them to do so. Having regard to these circumstances, we have to hold that the AAC has rightly held that there was reasonable cause for their failure to file the returns within the time and he has rightly cancelled the penalties levied on them. 6. Accordingly, we decline to interfere with the orders of the AAC. The appeals are dismissed.
Case laws, Decisions, Judgeme .....

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