2016 (3) TMI 598 - HC - Income Tax

Waiver of interest levied under Sections 234A, 234B and 234C denied - non payment of taxes - Held that - In the case on hand, the petitioner has stated that his accounts were being taken care by his father, who died in the year 1991, but the Voluntary Disclosure of Income Scheme came into force in the year 1997 only. Therefore, by stating that his father was looking after the tax affairs of the petitioner and that there was strained relationship between his brother, cannot be a ground to waive the interest, which was rightly imposed by the 2nd respondent. The petitioner has thrown the blame on his father and his brother for not paying the tax in time. Therefore, in the absence of any acceptable reason shown by the petitioner, the 1st respondent had rightly rejected the petition. The impugned order passed by the 1st respondent is just and proper. - Decided against assessee

Summary

Issues:
1. Petitioner seeks to quash orders for assessment years 1991-92 to 1995-96 and waive interest under Sections 234A, 234B, and 234C of the Income Tax Act 1961.

Analysis:
The petitioner filed a Writ Petition challenging the orders passed by the 1st respondent for assessment years 1991-92 to 1995-96 and requested the waiver of interest levied under Sections 234A, 234B, and 234C of the Income Tax Act 1961. The petitioner claimed that his late father, who managed his tax affairs with the guidance of a Chartered Accountant, had no history of default in filing returns or tax arrears until 1991-92. Following his father's death in 1991, disputes arose within the family regarding property matters due to the non-probation of the father's Will by the appointed Executor, a Chartered Accountant. The petitioner, dependent on his father and the accountant for tax matters, faced challenges in tax compliance, including a strained relationship with his brother, leading to non-disclosure of the Voluntary Disclosure of Income Scheme (VDIS) Declaration and tax payment. Despite accepting the assessment order and paying the due tax, the petitioner applied for interest waiver, which was rejected by the 1st respondent.

The petitioner's counsel cited an unreported judgment where a Division Bench set aside an order denying interest waiver, emphasizing the consideration of unavoidable circumstances for interest reduction or waiver. In response, the respondents' counsel referred to a notification allowing waiver in specific situations and a Supreme Court judgment affirming the mandatory nature of interest for tax defaults. The court noted a previous case where illness and subsequent death prevented tax payment, leading to interest waiver, contrasting it with the present case where blame was shifted to the petitioner's father and brother for delayed tax payment. The court found no valid reason presented by the petitioner to warrant interest waiver, upholding the 1st respondent's decision to reject the application.

Concluding, the court deemed the petitioner's Writ Petition lacking merit and dismissed it, affirming the 1st respondent's order as just and proper. The court highlighted the absence of acceptable grounds for interference, leading to the dismissal of the petition without costs.