TMI Blog1981 (7) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... on the facts and in the circumstances of the case, the Tribunal was justified in upholding the penalty imposed under s. 271(1)(a) of the I.T. Act, 1961 ? " Whether, in a particular case, there was sufficient cause for the failure to file a return and as such penalty should be directed or not is primarily a question fact. On this aspect, the Tribunal seems to have considered all the aspects of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the books of account of his own business in time, he had a reasonable cause for not filing his return of income on or before the due date. In this connection, it is pertinent to note that the assessee's accounting year ended on June 30, 1970, and he filed his return of income after 5 1/2 years. It is an admitted fact that the assessee is an " old assessee " and, therefore, it is expected of him t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, in a particular case, sufficient cause was made out or not is a question of fact and the Tribunal has taken Into consideration all the relevant facts, as have been mentioned hereinbefore, and was right in its conclusion. In these circumstances, in our opinion, it cannot be said that the Tribunal committed any error of law or erred in arriving at its conclusion which it did. In the premises, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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