2004 (4) TMI 35

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..... t the orders made by the Commissioner under section 264 of the Income-tax Act, 1961, whereby the waiver of interest under section 215 read with rule 40(1) of the Income-tax Rules has been denied. The Assessing Officer has examined the matter for the relevant assessment years and made orders. Being aggrieved by the said orders, the assessee preferred applications under section 264 of the Income-ta .....

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..... arrived at the conclusion: ". . . As regards the waiver of interest for the period from October 1, 1976 to September 23,1978 though the Commissioner has observed that the details/statement asked for were furnished piecemeal yet it falls short of a finding that delay in making the assessment was attributable to the assessee. We have no hesitation in holding that in the absence of such a finding, .....

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..... al, We cannot substitute our views in place of those of the Commissioner. The facts of C.W. No. 2009 of 1988 are clearly distinguishable. There, the matter was remanded as there was no specific finding recorded as to whether the delay was attributable to the assessee or not. In the present case, specific findings have been recorded. That being the case, when the Commissioner has in exercise of jur .....

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