TMI Blog1969 (9) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... ion involves a consideration of certain provisions of the Super Profits Tax Act, 1963, which had a very short existence as it was superseded by the enactment of the Companies (Profits) Surtax Act, 1964. Under the 1963 Act, a charge of tax was on the chargeable profits of the previous year which exceeded the standard deduction at the rate specified in Schedule III of the Act. Section 6 provided for the making of returns. Sub-section (1) of that section enacted that every company, whose chargeable profits assessable under the Act exceeded during the previous year the amount of standard deduction, should furnish a return of its chargeable profits during the previous year and the amount of any deficiency available for being set off against such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , is satisfied that any person has, without reasonable cause, failed to furnish the return required under section 6, . . . . . he may direct that such person shall pay, by way of penalty, in addition to the amount of super profits tax payable, a sum not exceeding-- (a) where the person has failed to furnish the return required under section 6, the amount of super profits tax payable...... Provided that the Income-tax Officer shall not impose any penalty under this section without the previous authority of the Inspecting Assistant Commissioner." The petitioner in this case, Calcutta Chromotype (Pr.) Ltd., furnished its return under section 6 of the aforesaid Act before the respondent Income-tax Officer, on the 30th August, 1967, in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1961, and section 22 of the Income-tax Act, 1922. Under section 139(1) of the 1961 Act every person whose total income exceeds the taxable limit has to furnish a return verified in the prescribed manner on or before the 30th June of the assessment year. There is a proviso to that section empowering the Income-tax Officer to enlarge the time on an application being made by the assessee. Similarly, sub-section (2) of that section empowers the Income-tax Officer to serve a notice on a person, who is assessable under the Act, to file a return within 30 days from the date of the notice and in that case also there is a provision allowing the Income-tax Officer to extend the time for furnishing the return on an application made to that effect by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifically provided for in section 10 of the Super Profits Tax Act, 1963. Mr. Sen, the learned counsel for the department, submits that it is inherent in the provision of section 6 of that Act that unless the assessee files the return within the time prescribed under sub-section (1) or sub-section (2) or within the further time allowed or extended by the Income-tax Officer the assessee would be punishable as having failed to file a return in terms of section 6. The learned counsel points out that in section 6(3) of the words are : "Any assessee who has not furnished a return during the time allowed by the Income-tax Officer under sub-section (1) or sub-section (2)". Therefore, a return could be filed in terms of section 6 only within the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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