in appeal before the appellate assistant companymissioner of income tax the assessee contended that as the returns had been furnished before the end of four years from the end of the relevant assessment years that is to say the period prescribed by sub s. 4 of s. 139 of the act he was number liable to any penalty.
1299 a to 1303 of 1973 from the judgment and order dated the 3rd february 1972 of the andhra pradesh high companyrt in case referred number 61 of 1970 t. desai m. n. tandon and miss.
on account of the delay in filing the returns the income tax officer treated the assessee as being in default and imposed penalties under cl.
he filed voluntary returns for the assessment years 1959 60 1960 61 1961 62 and 1962 63 all on august 2 1963.
it was also pointed out by the assessee that interest had been levied under clause iii of the proviso to sub s. 1 of s. 139 and therefore numberquestion arose of imposing a penalty.
civil appellate jurisdiction civil appeal number.
whether on the facts and in the circumstances of the case the tribunal was justified in cancelling the penalties levied under section 271 1 a ?
both companytentions were rejected by the appellate assistant companymissioner.
the respondent assessee is a partner in the firm m s manik rao brothers.
the return for the assessment year 1963 64 was filed on august 2 1964.
the judgment of the companyrt was delivered by pathak j. these appeals by special leave are directed .
a. subhashini for the appellant.
against the judgment of the high companyrt of andhra pradesh disposing of a reference under sub s. 1 of s. 256 of the income tax act 1961 on the following questions of law whether on the facts and in the circumstances of the case the appellate tribunal was justified in concluding that the charging of interest indicated that the income tax officer was satisfied that there was sufficient cause for delay in filing the return of income ?
subba rao for the respondent.
2 of sub s. 1 of s. 271 of the act.
