2002 (12) TMI 63

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..... in good faith. The assessee also cooperated during the assessment proceedings. If the conditions mentioned in clause (c) of section 273A(1) are satisfied some relief has to be given to the assessee, though that relief may either be total waiver of interest or reduction of interest depending upon the facts of the case. However, the Commissioner cannot totally reject the waiver application if the c .....

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..... (8) which has been denied by the Commissioner. The Commissioner has stated in his order that the Income-tax Officer has stated in his report that the disclosure by the assessee was voluntary prior to the issue of any notice and it was done in good faith. The assessee also cooperated during the assessment proceedings. It is well settled that if the conditions in clause (c) of section 273A(1) of .....

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..... f interest under section 139(8) are not those Mentioned in clause (c) of section 273A(1). Learned counsel for the Department has relied on the decision of the Supreme Court in Smt. Harbans Kaur v. CWT [1997] 224 ITR 418. In that decision it was held that the Commissioner has discretion in granting relief under section 273A. In our opinion, on a reading of both the above decisions together the le .....

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