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TMI Blog2013 (10) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... ecide whether he will condone the delay or refer the matter to the Board for consideration – Decided in favor of Assessee. - - - - - Dated:- 8-4-2013 - RAY B. P., J. JUDGEMENT B. P. Ray, J.- The petitioners were the owners of the VVP High School, Palakkad. The petitioners challenge exhibits P8 and P9 orders of the second respondent rejecting the petitions for waiver of interest under sections 234A, 234B and 234C of the Income-tax Act, 1961, and exhibit P6 order issued by the Commissioner of Income-tax refusing to condone the delay in filing of the returns for the years 1990-91 to 1992-93. It is submitted that the second petitioner, the mother of the first petitioner, expired on September 24, 1998. Prayers in this original pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for the assessment year 1994-95 also. Therefore, the petitioners are eligible for the waiver of interest under sections 234A, 234B and 234C for the assessment years 1990-91 to 1992-93 and for 1994-95 also. Therefore, the petitioners are also eligible for the interest under section 254A of the Act. The relevant portion of Circular No. 670, dated October 26, 1993, is quoted below for ready reference (see [1993] 204 ITR (St.) 154) : "2. Board have also decided that in such cases : (i) where the refund does not exceed Rs. 10,000 for any assessment year the Assessing Officer shall obtain the prior approval of the CIT before entertaining a belated refund claim ; and (ii) where the refund exceeds Rs. 10,000 but does not exceed R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed tax under section 140A and interest due thereon. According to learned counsel for the respondents, Circular No. 670, dated October 26, 1993, confers no power on the Assessing Officer to admit belated returns where refunds are due to excess payments under section 140A. On a perusal of the above circular quoted above, it appears to me that when the Commissioner of Income-tax is satisfied that the returns were not filed due to reasons beyond the control of the assessee, he may refer the matter to the Board for reconsideration. In the instant case, for one year the Commissioner of Income-tax was satisfied that the delay in filing the return were not attributable to the petitioners. Therefore, he is not justified in extending the same to ot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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