2013 (10) TMI 11

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..... for application of provisions of Section 273A are not satisfied– Held that:- Application was dismissed for failure to secure the interest of the revenue and as the petitioner does not fulfil the conditions laid down in Section 273-A of the 1961 Act, but without pointing out the conditions the petitioner does not fulfil. The impugned order is, therefore, non-speaking. However, as the petitioner ha .....

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..... ambit of Section 273-A of the Income Tax Act, 1961 (for short, referred to as 'the 1961 Act'). The petitioner was paid compensation for compulsory acquisition of his land, under the Defence of India Act, 1971. The petitioner voluntarily filed a return of income disclosing receipt of compensation. The income tax authorities imposed a penalty and levied interest for assessment years 1985-86, 1986 .....

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..... placed in the case of P.A. Mohammed Abdul Thader Co. Vs. C.I.T. (1978) reported in 112 ITR 552 (Ker.)...... The assessee made an application under Section 220(3) to the income-tax officer for extension of time for payment of tax etc. It was held that neither the making of such an application nor an order passed under Section 220(3) granting extension can amount to the making of satisfactory a .....

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..... itted to the Commissioner of Income Tax for considering the matter afresh and in accordance with factors set out in Section 273-A of the 1961 Act. Counsel for the revenue submits that the petitioner did not come forward to secure the interest of the revenue and despite grant of adequate opportunity, failed to appear before the Commissioner. The petitioner's submission that he was not afforded an .....

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..... ons the petitioner does not fulfil. The impugned order is, therefore, non-speaking. However, as the petitioner has during pendency of the writ petition furnished a bank guarantee, it would be appropriate and in the interest of justice that the Commissioner of Income Tax is directed to consider the matter afresh and in accordance with parameters set out in Section 273-A of the 1961 Act. In view o .....

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