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2012 (10) TMI 843

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..... otification also provide in clauses (a) to (e), the circumstances in which the waiver can be granted. The contention raised by the assessee that on account of a bona fide mistake, they could not file the return or pay tax in time cannot be said to be one which is covered by any one of the circumstances mentioned in notification - rejection of claim for waiver of interest cannot be said to be i .....

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..... mpleted and interest under Section 234A, 234B and 234C were levied. There upon they made Ext.P1 applications to the Chief Commissioner on Income Tax seeking waiver of the interest levied. That application was rejected by the Chief Commissioner as per Ext.P4 order. It is this order which is under challenge in this writ petition. 3. The ground on which the application has been rejected is that the .....

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..... mentioned in clauses (a) to (e) mentioned in the notification dated 23.5.1996. Following are the circumstances mentioned in the notification referred to above:- (a). Where a search is conducted under section 132 and books of accounts and other documents have been seized and the assessee is unable to furnish the return of income for the previous year during which the search was conducted. (b .....

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..... r a decision of the Supreme Court in his own case which takes place after the end of any such previous year and hence the advance tax paid by the assessee during the financial year immediately preceding the relevant assessment year is found to be less than the amount of advance tax payable on his current income. (e). Where the return of income could not be filed by the assessee due to unavoida .....

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