9911796707
TMI Blog1970 (3) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... e Diwali of 1961, the petitioner failed to submit a return of income before June 30, 1962, as he was bound to do under section 139(1) of the Income-tax Act, 1961. On February 16, 1963, the Income-tax Officer issued a notice to the petitioner under section 139(2) calling upon him to submit a return before March 18, 1963. Even then no return was filed. Later, in August, 1966, the Income-tax Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the petitioner regarding the quantum of tax and dismissed the appeal. As the petitioner was advised that there were no grounds for preferring an appeal to the Income-tax Appellate Tribunal, he did not prefer an appeal questioning the quantum of tax. He was also advised that he could not prefer an appeal against an order levying penal interest. He, therefore, filed the present application for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o in clause (b), up to a period not extending beyond the 30th day of September of the assessment year without charging any interest; (ii) in the case of any person whose total income includes any income from business or profession the previous year in respect of which expired after the 31st day of December of the year immediately preceding the assessment year, up to the 31st day of December of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only when an assessee requests for time under the third clause, he can be directed to pay penal interest as provided in the clause. Where the assessee does not request for time for submitting a return, the third clause has no application. Other consequences may follow. For example, the petitioner may subject himself to the penalty provided in section 271 of the Act. The petitioner may also subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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