1979 (4) TMI 90

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..... 1st March, 1975 relating to the asst. yr. 1974-75 admitting a taxable gift of Rs. 95,000. The assessment was duly completed. As a result of the Tribunal's Order the taxable gift was determined at Rs. 1,35,000. The return should have been filed by 30th June, 1974 and because of the belated filing of the return the GTO initiated penalty proceedings under s. 17(1)(a). There was no reply to the penalt .....

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..... n defiance of law and that he is not guilty of any conduct dishonest or contumacious or that he assessee acted in conscious disregard of his obligations. This is the first ever gift made by the assessee. He voluntarily filed the return when he came to know of his liability. The decision in 103 ITR 634 supports the assessee's case. The delay can at best be a technical breach as the assessee had fil .....

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..... of this case no penalty can be levied under s. 17(1)(a). It is no doubt true that the assessee has not offered an explanation before the GTO, but he did offer the explanation before the AAC. His case was that since he has filed a copy of the trust deed along with the application under s. 230A he would be issued with a notice by the Department. It is only when he was advised by the Chartered Accoun .....

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