2005 (3) TMI 102 - HC - Income Tax

Summary

Issues:
Challenge to rejection of application for waiver of penalty under section 273A of the Income-tax Act for the assessment year 1990-91.

Analysis:
The judgment delivered by Judge C. N. Ramachandran Nair addresses the challenge to exhibit P5, where the Commissioner of Income-tax rejected the petitioner's application for waiver of penalty under section 273A of the Income-tax Act for the assessment year 1990-91. The Commissioner rejected the application citing that the petitioner did not meet the necessary conditions for waiver as per section 273A(1)(b) of the Income-tax Act. The petitioner's counsel argued that the rejection was based on the non-filing of an appeal against the penalty order, but the Judge noted that the Commissioner had considered and decided the waiver claim on its merits. The order highlighted that the petitioner failed to prove a cash credit initially attributed to one individual and later changed the claim to another person, which was also not substantiated. This behavior indicated a lack of cooperation with the Department, as the petitioner contested the matter extensively. The judgment emphasized that the penalty imposed was the minimum, and the petitioner did not owe any tax due to a net loss under the assessment order. Consequently, the Judge concluded that the petitioner did not fulfill the conditions for waiver of penalty, leading to the dismissal of the petition for being devoid of merit.