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2013 (7) TMI 145 - HC - Income TaxWaiver of interest u/s 234A and 234B - CBDT rejected waiver - CBDT appraised that relief as the powers of the Board are now delegated to Chief Commissioner of Income Tax of the area - Held that - Complaint of the assessee requesting for waiver of interest under Section 234-B of the Income Tax Act had not received due consideration - Court itself observed that assessee can approach the Central Board of Direct Taxes for the matter - Apprehension of the assessee is that even if the appellant/writ petitioner should approach the Chief Commissioner of Income Tax in the light of the earlier order passed by the Chief Commissioner of Income Tax, he may not yet again look into the matter - Chief Commissioner of Income Tax directed to reconsider the matter and to pass orders on merits giving reasons.
Issues:
Challenge to legality of order rejecting waiver of interest under Section 234(B) of the Income Tax Act for assessment years 2000-01 to 2005-06. Dispute over delegation of powers from the Central Board of Direct Taxes to Chief Commissioner of Income Tax. Failure to provide a speaking order for rejection of waiver request. Disagreement on whether the matter should be reconsidered by the Board or Chief Commissioner of Income Tax. Analysis: The writ appeals involved a challenge to an order passed by the learned Single Judge of the Karnataka High Court, rejecting petitions questioning the legality of an order issued by the Central Board of Direct Taxes. The appellant/petitioner contested the rejection of waiver of interest under Section 234(B) of the Income Tax Act for specific assessment years, arguing that the Board had delegated its powers to the Chief Commissioner of Income Tax, leading to confusion regarding the appropriate authority to address the grievance. The learned Single Judge opined that the power of the Board under Section 119(2)(a) of the Income Tax Act, delegated to the Chief Commissioner of Income Tax, allowed for orders in favor of the assessee for waiver of interest. The Judge determined that remanding the matter to the Board for reconsideration was unnecessary, as the power had already been delegated. The appellant challenged this decision, highlighting that the Board had not followed the Court's directions and that the Chief Commissioner's order lacked reasoning for rejecting the waiver request under Section 234-B. Upon review, the High Court found merit in the appellant's argument that the matter required further consideration, as there were favorable circumstances for waiving the interest. The Court noted that the Board had not acted in accordance with the Court's directions, leading to the conclusion that the writ petitions should not have been rejected by the learned Single Judge. During the proceedings, the respondents, represented by the Standing Counsel for the Income Tax Department, contended that the Chief Commissioner's order was conclusive, and the Board could not intervene once the Chief Commissioner had made a decision under the delegated powers. However, the High Court disagreed, emphasizing the need for proper consideration of the waiver request under Section 234-B and directing the Chief Commissioner to reevaluate the matter and provide reasoned orders. In the final judgment, the High Court allowed the writ appeals, permitting the appellant to appear before the Chief Commissioner of Income Tax, either in person or through counsel, for a hearing before the final decision on the waiver of interest levied under Section 234-B. The Court clarified that its directive did not predetermine the outcome of the Chief Commissioner's decision, ensuring a fair review process for the appellant. Ultimately, the High Court's detailed analysis and decision provided clarity on the delegation of powers, the necessity for reasoned orders, and the proper procedure for reconsideration of the waiver request, ensuring a just resolution for the appellant in the complex tax dispute.
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