2007 (8) TMI 281 - HC - Income Tax

Delay in filing of return because assessee was outside India during relevant period returns filed immediately after returning to India - since penalty levied under sections 271(1)(a) and 271(1)(c) have been deleted by the CIT (Appeals) and the same is accepted by the Revenue, then Commissioner of Income-tax was not justified in rejecting the application for waiver of interest on the ground that the assessee had not made satisfactory arrangements for payment of tax

Summary

Issues:
Challenge to order of Commissioner of Income-tax declining to waive interest/penalty under various provisions of the Income-tax Act, 1961.

Analysis:
1. The petitioner challenged the order of the Commissioner of Income-tax dated January 28, 1993, under section 273A of the Income-tax Act, 1961, which declined to waive interest/penalty. The assessment years involved were 1979-80 and 1987-88.

2. The petitioner, who had been assessed to income tax regularly before leaving for America in 1975, returned to India after about 9 1/2 years in 1989. Upon return, the petitioner paid self-assessment tax for the relevant years and filed returns of income. An application seeking waiver of interest and penalty was filed under section 273A of the Act.

3. The Assessing Officer issued notices under section 148 and completed assessments, levying interest under various sections and initiating penalty proceedings. The Commissioner of Income-tax rejected the waiver application on the grounds of delay in filing returns and payment of self-assessment tax, stating the petitioner had not made satisfactory arrangements for payment.

4. The petitioner contended that upon returning to India, returns of income were filed voluntarily, mainly comprising interest from fixed deposits and dividend income. The returns were accepted without additions. The petitioner had kept amounts in fixed deposits and undertook to make arrangements for tax payment.

5. The Commissioner of Income-tax did not ascertain the availability of fixed deposits as security for unpaid interest. The petitioner informed the Assessing Officer about substantial fixed deposits for recovering unpaid interest. Penalties under sections 271(1)(a) and 271(1)(c) for certain years were deleted by the Commissioner of Income-tax (Appeals).

6. The Court held that the Commissioner was unjustified in rejecting the waiver application based on unsatisfactory tax payment arrangements. The impugned order was quashed, and the petitioner was held entitled to waiver of interest/penalty as claimed in the application.

7. During the pendency of the petition, interest/penalty recovery was stayed. The petitioner paid interest levied for certain years, and as the Revenue could not appropriate the amount due to the stay, the petitioner was entitled to a refund without interest. The rule was made absolute with no order as to costs.