2013 (10) TMI 308 - HC - Income Tax

Waiver/reduction of penalty and interest u/s 273A of the Income Tax Act Held that - The Commissioner is given the discretion, when the requisite conditions envisaged are satisfied, that he may waive or reduce the penalty or the interest imposable under the Act. However, the exercise of discretion cannot be either arbitrary or capricious and has to be judicious and objective. Section 273A does not confer absolute discretion upon the Commissioner to pass any order which he pleases to make. He is required to consider the application on the merits. The waiver of only 70% of the interest and penalty was held not to be proper - A reading of the order of Commissioner waiving 70% of interest and penalty shows that no legal and valid reason has been given therefor - Assessee fulfilled the requirements as envisaged under Section 273A of the Act and the present case calls for complete waiver of interest and penalty for the assessment years 1982-83 to 1988-89 Decided in favor of Assessee.

Issues:
1. Petition for quashing the order rejecting waiver of interest and penalties under the Income Tax Act.
2. Rejection of claim for waiver of interest for a specific assessment year.
3. Violation of court mandate by the Commissioner of Income Tax.
4. Review of the Commissioner's decision on the waiver of interest and penalties.
5. Legal validity of the impugned order and the need for a complete waiver.

Issue 1: Petition for quashing the order rejecting waiver of interest and penalties under the Income Tax Act

The petitioner filed a writ petition seeking the quashing of an order by the Commissioner of Income Tax rejecting the petitioner's claim for waiver of interest under Sections 139(8) and 217 and penalties under Sections 271(1)(a) and 273 of the Income Tax Act, 1961. The petitioner also requested the quashing of a demand notice and refund of interest. The petitioner, an agriculturist, had his land acquired by the Government, and after receiving compensation, voluntarily filed income tax returns. The Assessing Officer levied interest and penalties, which were later waived partially. However, the petitioner's claim for waiver for a specific year was not entertained due to an amendment in the Act. The petitioner challenged the rejection of the claim through the present petition.

Issue 2: Rejection of claim for waiver of interest for a specific assessment year

The petitioner contended that the Commissioner of Income Tax, while deciding the application under Section 273A of the Act, withdrew the earlier granted waiver of interest, which was in violation of the court's previous mandate. The court had remanded the matter for certain assessment years, directing the Commissioner to decide the case in line with previous observations. The petitioner argued that the withdrawal of the waiver was against the court's directions, leading to the filing of the present petition.

Issue 3: Violation of court mandate by the Commissioner of Income Tax

The petitioner alleged that the Commissioner, in deciding the application under Section 273A of the Act, contravened the court's directions given in a previous case related to the same matter. The petitioner claimed that the Commissioner's actions were in grave violation of the court's mandate, as established in the previous judgment. The petitioner sought relief from the court due to the Commissioner's failure to adhere to the court's directives.

Issue 4: Review of the Commissioner's decision on the waiver of interest and penalties

The court examined the Commissioner's decision in light of the previous court orders and legal provisions. It was noted that the Commissioner had withdrawn the earlier granted waiver without providing valid reasons, which was deemed contradictory to the court's remand order. After thorough consideration and hearing arguments from both parties, the court concluded that the petitioner met the requirements under Section 273A of the Act, necessitating a complete waiver of interest and penalties for specific assessment years.

Issue 5: Legal validity of the impugned order and the need for a complete waiver

The court found merit in the writ petition and set aside the impugned order rejecting the petitioner's claim for waiver of interest and penalties. Given the circumstances and the Commissioner's failure to comply with legal provisions and court directives, the court ordered a complete waiver of interest and penalties for the relevant assessment years. Any amount deposited by the petitioner was directed to be refunded in accordance with the law. The court's decision aimed at rectifying the Commissioner's non-compliance and ensuring justice for the petitioner.

This detailed analysis of the judgment highlights the key issues, arguments presented, court's findings, and the final decision in a comprehensive manner.

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