9911796707
TMI Blog2001 (4) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... st 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 the assessment, the second re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion that the petitioner is entitled to waiver of interest amount of Rs. 6,841 levied as per proceedings dated November 28, 1988, and Rs. 16,975 levied as per the assessment order dated November 18, 1988, passed by the second respondent for the assessment years 1986-87 and 1987-88, respectively. The application of the petitioner is rejected mainly on the ground that section 273A(1) of the Income-tax Act, 1961, does not permit waiver of interest for more than one year. In other words, the impugned order is essentially based on an assumption that no relief could be granted under section 273A(1) of the Act in respect of more than one assessment year. The Commissioner, in the impugned order, has opined: "As regards the offence, it is only th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if he grants the relief once under section 273A(1) in respect of one or more assessment years, the prohibition contained in sub-section (3) of section 273A of the Act that the assessee shall not be entitled to any relief under the section is attracted if there is any subsequent request for the relief under section 273A in respect of any subsequent assessment year or years. In the instant case, the petitioner by his common application dated May 16, 1989, sought for waiver of interest and penalty in respect of two assessment years 1986-87 and 1987-88, and, therefore, there was no legal impediment for the Commissioner to consider the request of the petitioner in respect of both the assessment years. The second reason given by the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X
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