9911796707
TMI Blog2002 (12) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings must be indicated in the order refusing to reduce or waive the interest charged. It is also evident from the afore-extracted portion of the order of the Commissioner that he has also laid emphasis on an irrelevant fact that there was no delay in completion of the assessment, which could be attributed to the Department. - Held that application of the assessee for waiver of interest on account of delay in completing assessment in accordance with law and liable to succeed - - - - - Dated:- 12-12-2002 - Judge(s) : D. K. JAIN., MAHMOOD ALI KHAN. JUDGMENT The judgment of the court was delivered by D. K. JAIN J. -By this writ petition the petitioner, hereinafter referred to as the assessee, seeks to impugn an order, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment for the relevant assessment year occurred because of the search conducted at the premises of the assessee on July 11, 1972, and because of pendency of certain inquiries in connection with the incriminating evidence recovered during the course of the said search. Aggrieved, the assessee preferred a revision petition before the Commissioner of Income-tax, but without any success. The relevant portion of the order passed by the Commissioner reads as under : "I have looked into the records of the case. I am of the view that the circumstances of the case were such that the assessment could not have been completed within a period of one year from the date of the filing of the return. The case necessitated thorough investigation, in view of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Rule 40, in so far as it is relevant for our purpose, reads as follows: "The Income-tax Officer may reduce or waive the interest payable under section 215 or section 217 in the cases and under the circumstances mentioned below, namely: (1) when the relevant assessment is completed more than one year after the submission of the return, the delay in assessment not being attributable to the assessee . . ." From a bare reading of sub-rule (1) of rule 40 it is clear that for the purpose of reduction or waiver of the interest under section 215, what is required to be seen is as to whether the assessee is responsible for causing delay in completion of the assessment. If it is found that it was on account of his conduct that the assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck to the Assessing Officer for consideration of the assessee's application dated November 28, 1975, afresh. However, keeping in view the amount of interest involved, stated to be less than Rs. 2,000 and the apprehension of Mr. R. C. Pandey, learned senior standing counsel for the Revenue, to the effect that the over 25 years old assessment record of the assessee may not now be traceable, we are of the view that no useful purpose would be served by remitting the matter back to the Income-tax Officer, more so when none of the authorities have found the assessee to be responsible for the delay in completion of the assessment. As noticed above, even in these proceedings, the factual averments made in the petition have not been countered by fil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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