9911796707
TMI Blog2008 (8) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... same. Therefore, the present petition. 2. The petitioner is the karta of a Hindu undivided family. He voluntarily and in good faith pursuant to the assurance given by the Income-tax Department made a full and true disclosure of his income on March 30, 1992, before the Income-tax Officer at Yavatmal for the assessment years 1984-85 to 1988-89 before issuance of any notice by the Income-tax Department under section 139(2) or under section 148 of the Act, by filing returns for those years. The assessee accordingly paid the full taxes on the income so disclosed. 3. The respondent issued notice under section 148 on March 31, 1992. The petitioner informed about the filing of voluntary returns prior to the date and requested to consider the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court in Laxman v. CIT [1988] 174 ITR 465 has explained the scheme and purpose of the section in the following words (page 474) : "On behalf of the respondent, it was contended that the power under section 273A of the Act is purely discretionary in character and, under the circumstances, no interference in writ jurisdiction is called for. We find it difficult to accept this contention. Once the conditions required for exercise of discretion in any judicial or quasi judicial proceedings are satisfied, exercise of discretion cannot be either arbitrary or capricious and has to be judicious and objective. When the power is given to a public authority for being used for the benefit of a class of persons and the conditions precedent for the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... talogued as under : (a) voluntary disclosure of income before issuance of notice under section 139(2) ; (b) making of full and true disclosure of the income in good faith ; © co-operation in the conduct of income-tax assessment proceedings ; (d) payment or satisfactory arrangement for payment of tax or interest payable in consequence of an order passed with respect to the relevant assessment year. . . The Division Bench of this court in the case of Laxman v. CIT [1988] 174 ITR 465 had also an occasion to deal with the interpretation of section 273A of the Act, wherein the Division Bench observed that the most important facet of section 273A is furnishing of return in respect of income voluntarily and in good faith with full and true di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act of filing return in good faith full and true disclosure of income payment of the tax and co-operation. Once the case is made out for waiver/reduction, the Commissioner needs to exercise the powers in favour of the assessee. 14. In the present case, we have observed that based upon wrong interpretation of provisions and by overlooking the above elements, the Commissioner has rejected the application filed by the petitioner. The Commissioner has relied on the case of Saberaj Industries v. F. J. Bahadur, CIT [1995] 127 CTR 395 (Bom) ; [1996] 217 ITR 831, in holding that since the returns filed by the assessee on March 13, 1992, were regularised subsequent to issue of notice under section 148, the precondition of disclosure of income befo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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