TMI Blog1976 (4) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... 18(1)(a) of the WT Act, for the four assessment years. 2. The assessee was assessed under the WT Act for the asst. yrs. 1969-70 to 1972-73 in the status of HUF. The assessee, as the kartha was a partner in the firm of National Litho Works, Sivakasi and two of its alied concerns. He was also doing a family business as partner in a concern at Madurai dealing in oils. The assessee was residing at M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assets of the partnership firms and he got the balance-sheet of the firm only in March, 1972 and even then he could not get other relevant particulars. For the years 1971-72 and 1972-73, the delay was attributed to the assessee collecting particulars. The WTO rejected the explanation and levied penalties of Rs. 2,652, Rs. 3,617, Rs. 1,434 and Rs. 445 respectively. When the appeals came before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the assessee had paid the advance tax for the various years and finally obtained refunds of income-tax from the Department. According to him, the delay was due to circumstances beyond the assessee s control. 4. On hearing the rival contention, we see no reason to differ from the findings of the AAC. The assessee resided at Madurai and attended to his family business. He had, as kartha of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee need not file the returns, then, he cannot be penalised for the late filing of the returns. The assessee himself, after taking steps had filed the returns voluntarily. According to the assessee, when he came to know that the share in the reserves of the Sivakasi firms would exceed the limit, he had filed the returns. The assessee is stated to be prompt in payment of taxes and for the four ..... X X X X Extracts X X X X X X X X Extracts X X X X
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