1998 (12) TMI 35 - HC - Income Tax

Advance Tax, Return, Penal Interest, Delay In Filing Returns, Failure To Pay Advance Tax, Waiver Of Interest

Summary

Issues: Disallowance of application under section 273A of the Income-tax Act, 1961 without following the procedure.

Analysis:

The judgment involved two writ petitions concerning a common question of fact and law, which were consolidated for a single order. The petitioner, a limited company, had to file returns for the assessment years 1981-82 and 1983-84, facing interest and penalty imposition due to delayed filing. The penalty was set aside, and the petitioner's grievance focused on the disallowance of the application under section 273A of the Income-tax Act, 1961, without following the proper procedure.

The petitioner relied on various legal precedents to support their case, emphasizing that once the conditions of section 273A are met, the Commissioner should not consider extraneous matters to reject the application. The respondent argued that the petitioner did not file voluntary returns, failed to provide full disclosures, and did not pay advance tax, justifying the exercise of discretion by the Commissioner.

The court acknowledged the legal position that the Commissioner can reduce or waive penalties or interest under section 273A but must do so justly and fairly. In this case, the Commissioner found the reasons for canceling the penalty differed from those for levying interest, justifying the decision not to waive interest. The court concluded that the Commissioner did not act arbitrarily or in violation of the procedure, as no illegality or error was found in the exercise of discretion.

Regarding the issue of filing voluntary returns after due notice, the court declined to investigate further as it was a factual matter not raised by the petitioner. Ultimately, the court dismissed the writ petitions, upholding the Commissioner's decision not to waive the interest amounts. The judgment highlighted the importance of exercising discretion judiciously and not interfering unless there is a clear violation of the law or procedure.

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