2003 (4) TMI 89 - HC - Income Tax

Power Of Commissioner - The case of the petitioner is that waiver of interest and penalty could have been granted by such authority but it failed to grant so. - The Commissioner is empowered to consider the prayer on the merits as to whether for the ends of justice the assessee can be granted relief as regards waiver of interest and penalty or he cannot be allowed, to prevent abuse of process of law. The flavour of section 273A speaks for the same. The provision of such section cannot be said to be reviewed simplicitor nor it speaks so. It is a comprehensive section to provide justice to an assessee upon considering all aspects of the matter. The intention of the Legislature is to give maximum number of rooms to an assessee under the fiscal statute so that no question of unjust enrichment can arise. If, today, this court ignores such conduct, then it will be an act of ignoring the values of the fiscal statute which is not expected.

Summary

The High Court of Calcutta set aside the order passed by the Commissioner of Income-tax under section 273A of the Income-tax Act, 1961, stating that the authority can reconsider granting waiver of interest and penalty. The Commissioner was directed to review the matter within one month.