9911796707
TMI Blog2012 (3) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... cation for waiver of interest under Section 234A of the Income Tax Act, 1961 (Act, for short). The writ petitions relate to assessment years 1993-94 and 1994-95. 2. The impugned order has been passed pursuant to circular/notification dated 23rd May, 1996 under Section 119(2)(a) of the Act passed by the Central Board of Direct Taxes empowering Chief Commissioner to waive interest under Section 234A, 234B and 234C of the Act in specified cases mentioned in paragraph 2 thereof. 3. The total interest charged under Section 234A for assessment years 1993-94 and 1994-95 is Rs.6,59,946/- and Rs.50,768/-, respectively. For these two assessment years, the due date of filing of the return of income was 31st December, 1993 and 30th November, 1994. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount with the Income Tax Department alongwith returns as well as we have to file the Balance-sheet with the Registrar of Companies also...... ......Under the circumstances, we request you to kindly hand over the books of accounts and other relevant documents to the assessee so that audit can be carried out and the account could be finalized for the earlier years...." Further, the relevant portion of the letter dated:07.10.1994 addressed to the assessee by the Assistant Commissioner of Income Tax, Central Circle-18, New Delhi is as under: "...it may please be noted that you have already been given enough opportunity to take photo-copies of all the seized materials and you installed your photo copy machine right from 08.02.1994 to 25.03.199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd circumstances of the case that the delay in furnishing such return of income cannot reasonably be attributed to the assessee." 6. The Chief Commissioner in his order has referred to installation of a photocopy machine at the behest of the petitioner and the fact that photocopies of documents/papers were taken from 1st February, 1994 to 25th March, 1994. It is, therefore, seen that photocopies of documents/material had continued for about 50 days. This period reflects and indicates the number of books/documents which were seized and which were required to be examined and of which photocopying was required before the audit could be completed and the returns of income could be filed. We may note that it is a contention of the petitioner th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner started writing and made prayer for waiver of interest to the Commissioner of Income Tax (Central). These applications were disposed of after a long delay vide impugned order dated 7th April, 2008. The said order refers to an application dated 3rd October, 2006. The delay in disposing of the application is not indicated and explained. 9. Learned counsel for the respondents has submitted that the petitioner has not paid the tax due and, therefore, the application of waiver has been rightly rejected. In the counter affidavit it is alleged that as per the records, demand of Rs.40,612/- and Rs.8,918/- was due and payable for the assessment years 1994-95 and 1993-94 respectively. We are not inclined to accept the said contentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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