9911796707
TMI Blog2015 (12) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. On that basis, respondent No.1 held the assessee entitled to waiver of interest charged under Section 234B of the Act for the assessment years 1988-89 to 1995-96 upto 29.2.1996 Learned counsel for the assessee-petitioner could not demonstrate that there existed any illegality or perversity in the approach of respondent No.1 which may warrant interference by this Court. The discretion had been rightly exercised by respondent No.1 and no error could be pointed out in the impugned order dated 9.10.2014 (Annexure P-15). - Decided against assessee. - CWP No. 22759 of 2015 - - - Dated:- 2-11-2015 - Mr. Ajay Kumar Mittal And Mr. Ramendra Jain, JJ For the Petitioner : Mr. Sudhanshu Makkar, Advocate ORDER AJAY KUMAR MITTA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acre (i.e. ₹ 11.81 per square yard) of the land acquired pertaining to nehri category. The assessee accepted the payment of compensation amount of ₹ 2,99,112.20 under protest. Being dissatisfied with the award, the assessee filed a reference under Section 18 of the 1894 Act. The said reference was decided by the District Judge, Bhiwani vide award dated 14.10.1993 (Annexure P-1) who enhanced the amount of compensation to ₹ 125 per square yard. Besides this, the landowners were held entitled to recover 30% solatium on the amount increased along with interest at the rate of 9% per annum for the 1st year from the date of taking possession of the land and at the rate of 15% per annum for the subsequent period till the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year 1990-91, the original return was filed on 23.1.2003. The Assessing Officer vide assessment orders dated 23.1.2003 (Annexure P-9 Colly) calculated the total amount of interest on enhanced compensation at ₹ 26,77,877/- for the assessment years in question and after reducing 20%, it was determined at ₹ 21,81,710/-. Accordingly, the demand notices and challans were issued to the assessee by allowing proportionate adjustment of the TDS amount of ₹ 2,99,924/- deposited by the Land Acquisition Collector. Interest was also ordered to be charged under Sections 234A and 234B of the Act. The assessee could not pay the advance tax during the accounting period relevant to each assessment year under consideration due the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... :- 6.1. As mentioned above, the TDS Certificate was issued to the assessee on 29.05.2001. Thus, there is merit in the contention of the assessee that returns of income for the assessment years under consideration could not be furnished within time due to unavoidable circumstances. The returns of income could only be filed after the receipt of TDS Certificate. In the present case the returns of income were filed on the dates mentioned in para 5. Thus, the assessee's case for waiver of interest charged u/s 234A of the I.T. Act upto 31.05.2001, i.e. the end of the month during which T.D.S. Certificate was issued is covered under para 2 (e) of the CBDT Notification dated 23 May, 1996. Sr. No. Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the due date for depositing the advance tax and for furnishing the returns of income for the assessment years 1988-89 to 1996-97. It was recorded that in such circumstances, the assessee could not have anticipated or determined the interest income that had accrued to him under the orders of the Land Acquisition Court prior to disbursement by HUDA on 13.12.1995 and 29.2.1996. On that basis, respondent No.1 held the assessee entitled to waiver of interest charged under Section 234B of the Act for the assessment years 1988-89 to 1995-96 upto 29.2.1996, with the following observations:- 6. The facts of the assessee's case have been considered in the light of the Notifications cited supra and submissions made on behalf of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29.02.96 2. 1989-90 01.04.89 29.02.96 3. 1990-91 01.04.90 29.02.96 4. 1991-92 01.04.91 29.02.96 5. 1992-93 01.04.92 29.02.96 6. 1993-94 01.04.93 29.02.96 7. 1994-95 01.04.94 29.02.96 8. 1995-96 01.04.95 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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