9911796707
TMI Blog1998 (9) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... hether on his own motion or otherwise,--- (i) reduce or waive the amount of penalty imposed or imposable on a person under clause (i) of sub-section (1) of section 271 for failure, without reasonable cause, to furnish the return of total income which he was required to furnish under sub-section (1) of section 139 ; or (ii) reduce or waive the amount of penalty imposed or imposable on a person under clause (iii) of sub-section (1) of section 271 ; or (iii) reduce or waive the amount of interest paid or payable under sub-section (8) of section 139 or section 215 or section 217 or the penalty imposed or imposable under section 273, if he is satisfied that such person--- (a) in the case referred to in clause (i), has, prior to the iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion (1) of section 271. (2) Notwithstanding anything contained in sub-section (1),--- (a) if in a case the penalty imposed or imposable under clause (i) of sub-section (1) of section 271 or the minimum penalty imposable under section 273 for the relevant assessment year, or, where such disclosure relates to more than one assessment year, the aggregate of the penalty imposed or imposable under the said clause or of the minimum penalty imposable under the said section for those years, exceeds a sum of one hundred thousand rupees, or (b) if in a case falling under clause (c) of sub-section (1) of section 271, the amount of income in respect of which the penalty is imposed or imposable for the relevant assessment year, or, where such disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any proceeding for its recovery under this sub-section shall be made by the Commissioner except with the previous approval of the Board. (5) Every order made under this section shall be final and shall not be called into question by any court or any other authority." Section 273A itself contains criteria in clauses (a), (b) and (c) appearing in sub-section (1) thereof for recording satisfaction about existence of the conditions contained therein and taking a decision in the matter. Learned counsel for the petitioner has produced the original copy of the impugned order as was received by the petitioner, which indicates that except for the first two pages and the last page of the impugned order (annexure G), reasons are contained in cyclo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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