2019 (8) TMI 1273 - HC - Income Tax

Waiver of interest u/s 234B and 234C - HELD THAT - There could be a due consideration in favour of the petitioner for the purpose of waiving the interest. It is also brought to the notice of this Court that the petitioner is a senior citizen and as such, it would be appropriate to remand the matter back to the respondent and stipulate a time limit for concluding the proceedings afresh. The impugned order dated 25.10.2011, is set aside and the matter is remanded back to the first respondent herein for fresh consideration. The petitioner is also at liberty to produce the copies of the Tax Case Appeal along with additional objections, if any. The first respondent herein shall consider all the materials and objections placed by the petitioner afresh and pass final orders, after giving due opportunity of personal hearing to the petitioner, as expeditiously as possible, in any event, within a period of 4 weeks from the date of receipt of a copy of this order.

Summary

Issues:
Waiver of interest under Section 234B and 234C of the Income Tax Act.

Analysis:
The petitioner's application seeking a waiver of interest under Section 234B and 234C of the Income Tax Act was rejected through an order dated 25.10.2011. The petitioner relied on a previous Division Bench order in Tax Case (Appeal) No.1407 of 2009, where the Tribunal had upheld the fair market value at ?225 per sq.ft. for other co-shares. The petitioner, being a co-sharer in the same property, argued that this previous order should be considered for waiving the interest. Additionally, it was highlighted that the petitioner is a senior citizen, urging for a reevaluation of the matter. Consequently, the court set aside the impugned order and remanded the case back to the first respondent for fresh consideration. The petitioner was granted the liberty to submit copies of the Tax Case Appeal and any additional objections. The first respondent was directed to review all materials and objections, providing a personal hearing to the petitioner, and concluding the proceedings within four weeks from the date of the court order.

This judgment emphasizes the importance of consistency in decisions and the relevance of previous orders in similar cases. It also recognizes the circumstances of the petitioner, such as being a senior citizen, as a factor to be considered in the decision-making process. The court's direction for a fresh consideration by the first respondent, along with a specified time frame for resolution, ensures a prompt and fair review of the petitioner's request for a waiver of interest under the Income Tax Act. The disposal of the writ petition without costs indicates a resolution in favor of the petitioner, subject to the fresh evaluation by the first respondent.