2014 (8) TMI 1026 - HC - Income Tax

Waiver of interest under Section 234C - Held that - The claim of the petitioner for waiver of interest is not properly considered by the Chief Commissioner. The observation that the Board s order dtd. 26th June 2006 does not apply to business turnover is not correct. Hence, deem it appropriate to set aside the impugned order and remit the matter to the Chief Commissioner, Bangalore for reconsideration in accordance with law. Ordered accordingly.

Summary

Issues:
Challenge to order rejecting waiver of interest under Section 234C of the Income Tax Act, 1961.

Analysis:
The High Court of Karnataka heard a writ petition against the order passed by the Chief Commissioner rejecting the petitioner's application for waiver of interest under Section 234C of the Income Tax Act, 1961. The petitioner argued that the Chief Commissioner's consideration was flawed as it contradicted the Board's order of 2006, which, according to the petitioner, should apply to any income chargeable to income tax other than "Capital Gains." The petitioner's counsel contended that various observations in the impugned order were factually incorrect, such as the claim that the petitioner had paid less advance tax during the relevant year compared to the previous one. The substantial rise in business income during the last quarter of the financial year was also highlighted as unforeseen by the assessee.

The court found that the Chief Commissioner had not properly considered the petitioner's claim for waiver of interest. It was noted that the observation that the Board's order of 2006 does not apply to business turnover was incorrect. Consequently, the court set aside the impugned order and remitted the matter back to the Chief Commissioner for reconsideration in accordance with the law. The court kept all contentions of both parties open and disposed of the petition.