S. 271(1)(c) [SC] [Favor Revenue] :- 139(4) doesn’t allow Assessee to escape the Penalty

Court : SUPREME COURT

Section : 271(1)(c)

Name of the case :- Amin Chand Payarelal

Citation : 285 ITR 546
Penalty under Section 271(1)(a) can be levied on a return filed under Section 139(4). The Apex Court has followed its earlier decision in the case of Pradip Lamps Works v. CIT [2001] 249 I.T.R 797 . In that case it has held that merely because sub-Section (4) of Section 139 enables the assessee to file his return at any time before the assessment is made, it does not mean that his liability to pay penalty under Section 271(1)(a) is erased.