9911796707
TMI Blog2007 (9) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... t hereinafter referred to as the 'Act) as per Annexure-A. The Income Tax Appellate Tribunal by the order dated 26.7.1993, while dealing with the matter pertaining to assessment year 1988-89, held that the petitioner is the charitable trust and allowed the exemption under Section 11 of the Act. Thereafter, the petitioner field returns of income by declaring nil income for the assessment year 1994-9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 11 of the Act. On 3.3.1999 the assessment order under Section 143(3) r/w. Section 147 of the Act was passed for the year 1994-95 accepting the revised returns field. Consequently the tax was computed at ₹ 60,256/-. However, the interest under Section 234B and 234C was also levied as could be seen from Annexure-D. For subsequent years also the assessment orders were passed under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment year 1994-95. Consequently the petitioner filed the returns of income for the years 1994-95 till 1997-98, claiming exemption under Section 11 of the Act pursuant to the order of the Income Tax Appellate Tribunal. Those returns were processed under Section 143(1)(a) of the Act, accepting the claim of the petitioner. Thus, for the years 1994-95 and 1997-98 the Department accepted the returns of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter, the prayer of the petitioner claiming waiver of the interest should have been allowed by respondent No. 1. The petitioner cannot be made to pay the interest without any fault of his. Consequently, the impugned order at Annexure-G is liable to be quashed.
Accordingly, the same is quailed. Petitioner's prayer for waiver of interest is allowed.
Writ petition is allowed accordingly. X X X X Extracts X X X X X X X X Extracts X X X X
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