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Bangalore Steel Distributors vs Income-Tax Officer on 3 February, 1994

He also submitted that the ratio of the Calcutta High Court's decision in the case of Calcutta Chromotype (P) Ltd. vs. ITO (1971) 80 ITR 627 (Cal) and the decision of the Allahabad High Court in the case of CIT vs. Anchor Pressing (P) Ltd. (1982) 136 ITR 505 (All) also support the construction placed by the Tribunal, Bangalore Bench, in the case of Bangalore Steel Distributors vs. ITO, on s. 271B.
Income Tax Appellate Tribunal - Bangalore Cites 15 - Cited by 16 - Full Document

Calcutta Chromotype Pvt. Ltd. vs Income-Tax Officer on 11 March, 1970

The Allahabad High Court followed the ratio of the decision of the Calcutta High Court in the case of Calcutta Chromotype (P) Ltd. (supra) and held that s. 9 of the Surtax Act envisages the levy of penalty for the failure to file a return under s. 5 without reasonable cause and not for the failure to file a return within the time prescribed under sub-s. (1) or sub-s. (2) thereof and that even a return filed under s. 5(3) at any time before the assessment is made is also a valid return, contemplated under s. 5. In that case return was filed under s. 5(3). The Allahabad High Court held that when the return was filed under s. 5(3), no penalty is leviable under s. 9 for not filing the return under s. 5(1). The ratio of that decision has no application at all to the facts on hand. The provisions of s. 5 and 9 of the Sur Tax Act are not in pari materia with s. 44AB and s. 271B of the IT Act.
Calcutta High Court Cites 28 - Cited by 17 - Full Document
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