9911796707
TMI Blog2001 (4) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... to August 31, 1986, and August 31, 1987, respectively. However, the returns for both the assessment years 1986-87 and 1987-88 were filed voluntarily by the petitioner on October 13, 1987, and May 9, 1988, respectively, and no notice was served by the Department for filing of the return under any of the provisions of the Income-tax Act. The second respondent completed the assessment based on the primary facts placed before him by the petitioner. However, an expenditure of Rs. 2,00,000 in assessment year 1986-87 and Rs. 1,00,000 in the assessment year 1987-88 was disallowed by the second respondent on the ground that the petitioner was unable to substantiate its claim for expenditure and agreed to them being added back. While so computing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8, 1989, the second respondent also levied penalty under section 271(1)(a) of the Act in a sum of Rs. 35,958 and Rs. 21,708 for the assessment years 1986-87 and 1987-88, respectively, for late filing of the returns, rejecting the petitioner's explanation. On appeal to the Commissioner (Appeals), the penalty levied for the assessment year 1986-87 was confirmed. The penalty levied for the assessment year 1987-88 was reduced to Rs. 18,432. According to the petitioner, as the interest and penalties, even as reduced by the Commissioner (Appeals), were oppressive and onerous, it filed a petition under section 273A of the Act before the first respondent for waiver of the amounts of interest and penalties. The first respondent by his order dated Ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above reasoning of the Commissioner to reject the petitioner's waiver petition is ex facie erroneous and perverse. Sub-section (3) of section 273A of the Income-tax Act, 1961, reads thus: "Where an order has been made under sub-section (1) in favour of any person, whether such order relates to one or more assessment years, he shall not be entitled to any relief under this section in relation to any other assessment year at any time after the making of such order." It is quite apparent from sub-section (3) of section 273A of the Act that the embargo placed under that sub-section not to allow the relief is applicable only in respect of a subsequent assessment year not covered by an order made under sub-section (1) of section 273A. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered opinion that there was no proper application of mind on the part of the Commissioner to the facts of the case also. We think the ends of justice would be met by setting aside the impugned order and remanding the proceedings to the concerned competent authority with a direction to reconsider the application of the petitioner afresh. In the result and for the foregoing reasons, we allow this writ petition and quash the impugned order of the Commissioner dated January 22, 1990. The proceedings shall stand remitted to the concerned competent authority who is empowered to exercise power under section 273A of the Income-tax Act, 1961, with a direction to reconsider and dispose of the application of the petitioner dated May 16, 1989, d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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