1995 (4) TMI 50 - HC - Income Tax

Summary

Issues:
1. Petitions filed for quashing orders of interest and penalty by the Commissioner of Income-tax.
2. Fulfillment of conditions under section 273A of the Income-tax Act.
3. Discretionary power of the respondent to waive interest and penalty.
4. Judicial exercise of discretionary power.
5. Non-application of mind by the respondent in granting partial waiver.

Analysis:

The judgment delivered by the High Court of Gujarat pertained to petitions filed by two partnership firms seeking to quash orders dated October 31, 1994, and January 19, 1995, passed by the Commissioner of Income-tax, Gujarat-III, Ahmedabad, regarding the levy of interest and penalty. The petitioners contended that they had fulfilled all conditions under section 273A of the Income-tax Act, 1961, and were entitled to a complete waiver of interest and penalty. They argued that the respondent had only partially waived the interest and penalty without providing reasons or affording them an opportunity of hearing.

The court acknowledged the discretionary power granted to the respondent to waive interest and penalty under section 273A but emphasized that this power must be exercised judiciously and on sound principles. The court held that the discretionary power should not be arbitrarily exercised and that once the conditions for waiver are met, the authority cannot refuse to grant it. In this case, the court found merit in the petitioners' argument that the respondent had not applied his mind, failed to provide reasons for the partial waiver, and did not refute the presence of requisite conditions for full waiver.

The court referred to previous decisions, including one by the Supreme Court, to support the principle that when the authority is satisfied that a case warrants waiver, it should not grant only a partial waiver without sound reasons. Consequently, the court allowed the petitions, quashed the impugned orders, and directed the respondent to pass fresh orders in accordance with the law. The court highlighted the importance of the respondent applying his mind and providing reasoned decisions when exercising discretionary powers to waive interest and penalty.

In conclusion, the High Court of Gujarat ruled in favor of the petitioners, emphasizing the need for the respondent to exercise discretionary powers judiciously and provide sound reasons for decisions regarding the waiver of interest and penalty under the Income-tax Act.