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1973 (1) TMI 13 - HC - Income TaxReduction or Waiver of penalty discretion of Commissioner to reduce or waive the penalty, when the conditions stipulated in clause (a), (b) and (c) of section 271(4A) are satisfied
Issues: Application of section 271(4A) of the Income-tax Act, 1961 for waiver of penalty.
Analysis: The case involved a petitioner who owned a lorry and voluntarily submitted income tax returns for assessment years 1965-66 to 1969-70 after not being an assessee previously. The assessing authority issued notices for penalty under section 271(1) of the Act. The petitioner applied for waiver of penalty under section 271(4A) based on full disclosure of income, cooperation in assessment inquiries, and payment of assessed tax. The Commissioner rejected the application, leading to a challenge under article 226 of the Constitution. The key contention was that the Commissioner's order was not a speaking order, as it did not specify reasons for rejection. The court examined section 271(4A) which allows the Commissioner to reduce or waive penalties if specific conditions are met, including voluntary full disclosure of income, cooperation in assessment inquiries, and payment of tax. The court emphasized that if these conditions are satisfied, the Commissioner must exercise discretion to reduce or waive the penalty. In this case, it was undisputed that the petitioner had voluntarily submitted returns before notices were issued, meeting the criteria of clause (a) of section 271(4A). The court highlighted that the Commissioner must examine whether all conditions under section 271(4A) are fulfilled and provide reasons if any condition is not satisfied. It was noted that the order of refusal to exercise discretion should be a speaking order subject to judicial scrutiny. Since the Commissioner's order lacked reasoning, the court allowed the writ petition, quashed the order, and directed the Commissioner to issue a fresh order in compliance with the law and the court's decision. No costs were awarded in the judgment.
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