9911796707
TMI Blog1998 (5) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... nst penalty order under s. 271(1)(c) of the IT Act, 1961 and the relevant assessment year involved is 1984-85. 2. The brief facts of the case are that the assessee is a private limited company and the previous year relevant to the asst. yr. 1984-85 ended on 31st March, 1984. Return of income was due to be filed on or before 30th July, 1984. Ultimately the assessee filed return of income on 25th A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the AO was reiterated. The authorised representative of the assessee produced a receipt in support of the claim that Form No. 6 praying for extention of time for submission of return of income was filed before the ITO, C-Ward, Dibrugarh, on 1st Aug., 1984. It was also stated that late filing of return for the immediate preceding assessment year had also effected filing of the return in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in support of his argument. It is submitted that for this very default, interest under s. 139(8) of the Act amounting to ₹ 14,991 was waived by holding that the assessee was prevented by reasonable cause from filing the return of income. It was also submitted that interest under s. 217 and penalty under s. 273 were also waived by the AO under r. 40 of the IT Rules by holding that there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the learned Departmental Representative, opposed the submission by supporting the order of the CIT(A). 6. Having heard the rival parties and on going through the orders of the authorities below and after careful consideration of the facts of the case and the paper book filed by the assessee's counsel, we are of the opinion that the appeal by the assessee deserves to succeed. We find that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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