1996 (9) TMI 108

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sed the tax for the assessment years 1987-88 and 1988-89. It also imposed a penalty at the rate of 10 per cent. of the tax, i.e., Rs. 6,375 for the assessment year 1987-88 and Rs. 5,962 for the assessment year 1988-89. Interest under sections 139(8) and 215/217 of the Act was also imposed. The petitioner filed an application under section 273A of the Act before the Commissioner of Income-tax, Jalandhar, for waiver and reduction in the amount of penalty, challenging the levy of penalty. The application under section 273A of the Act was dismissed by the Commissioner of Income-tax, Jalandhar, on the ground that the petitioner did not satisfy the conditions laid down in section 273A of the Act for waiver or reduction in the amount of penalty. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of particulars of income or of the inaccuracy of particulars furnished in respect of such income, voluntarily and in good faith, made full and true disclosure of such particulars; (c) in the cases referred to in clause (iii), has, prior to the issue of a notice to him under sub-section (2) of section 139, or where no such notice has been issued and the period for the issue of such notice has expired, prior to the issue of notice to him under section 148, voluntarily and in good faith made full and true disclosure of his income and has paid the tax on the income so disclosed, and also has, in all the cases referred to in clauses (a), (b) and (c), co-operated in any enquiry relating to the assessment of his income and has either paid or mad .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... oner had either paid or made satisfactory arrangements for the payment of tax or interest payable under the Act. The five conditions laid down in section 273A of the Act are conditions precedent before the Commissioner is clothed with jurisdiction under section 273A of the Act to either waive or reduce the amount of penalty. Since, the petitioner did not satisfy one of the conditions laid down in section 273A of the Act, no case was made out for either waiver or reduction in the amount of penalty and interest. There is no infirmity in the orders, annexures "P-4" and "P-5". The same are in conformity with the provisions of the Act and the law laid down in various judgments of this court. Dismissed. No costs. - - TaxTMI - TMITa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X