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TMI Blog2012 (3) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... e and then towards the principal amount. However, at the same time petitioner have not been able to show and establish that the entire delay in filing of the returns can be attributed to failure to permit inspection and photocopy of documents/records. Therefore, we are inclined to direct that the petitioner will be entitled to waiver of interest to the extent of 30% in the two assessment years – Decided partly in favor of assessee. - W.P.(C) Nos. 5621/2008 & 5649/2010 - - - Dated:- 7-2-2012 - MR. JUSTICE SANJIV KHANNA, MR. JUSTICE R.V.EASWAR, JJ. For Appellant: Mr. O.B. Bajpai, Sr. Advocate with Mr. V.N. Jha Ms. Manasmini Bajpai, Advocates. For Respondents: Mr. N.P. Sahni Mr. Ruchesh Sinha, Advocates. Counsel for Mr. Kamal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime of the said search. Accounts in the case of the petitioner and some other parties had to be audited and an audit report had to be submitted under Section 44AB along with the income tax returns. 4. The Chief Commissioner in the impugned order while rejecting the request for waiver of interest has recorded as under:- As is evident, the assessee applied for inspection of books and other documents and for supply of photocopies. The assessee was given sufficient opportunity to take photocopies of the seized materials in the first week of September 1993 as is evident from the correspondence between the assessee and the Department. The relevant portion of the letter dated; 23.10.1993 addressed to Shri D C Aggarwal, Dy. CIT(Inv.) Unit-II, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of filing the returns of income. As such, the assessee was not prevented to file its returns of income for the AYs 1993-94 and 1994-95 due to non-availability of books of accounts and other documents. 5. The relevant portion of the circular dated 23rd May, 1996 reads as under:- 2. The class of income or class of cases in which the reduction or waiver of interest under Section 234A or Section 234B or, as the case may be, Section 234C can be considered, are as follows: (a) Where during the course of proceedings for search and seizure under Section 132, or otherwise, the books of account and other incriminating documents have been seized and for reasons beyond the control of the assessee, he has been unable to furnish the return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om 9th February, 1994 to 4th July, 1995 for the assessment year 1993-94. 7. By 25th March, 1994 the due date for filing of the return for the assessment year 1993-94 had expired on 31st December, 1993. It is not disputed that in the two assessment years in question, the assessee had to get the accounts audited and then only the return of income could have been filed. The very fact that the inspections were permitted and photocopy was allowed to be taken during this period shows that the Assessing Officer/authorities concerned were conscious of the fact, aware and had acknowledged that documents/books of accounts were relevant and required before the petitioner assessee could file or submit their return of income. 8. One more aspect may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the two years is Rs.6,59,946/- (AY 1993-94) and Rs.50,768/- (AY 1994-95). The amounts paid, it appears have been adjusted first towards the interest due and then towards the principal amount. 10. At the same time, it is not possible to accept the contention of the petitioner that they have been able to show and establish that the entire delay in filing of the returns can be attributed to failure to permit inspection and photocopy of documents/records. It may be noticed that the audit for the assessment year 1993-94 was completed on 30th March, 1995 and the return of income for the said year was filed after nearly two months on 18th May, 1995. In respect of assessment year 1994-95, the delay has been rather abnormal as the return of i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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