1994 (3) TMI 63

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..... A-Ward, Cannanore. While completing the regular assessment for the assessment years 1978-79 to 1981-82, the Income-tax Officer levied interest under section 139(8) and section 217 of the Income-tax Act, 1961. The writ petitioner then filed a petition under section 273A of the Act before the Commissioner of Income-tax, Cochin (appellant herein) for waiver of the interest levied for the above assessment years. By an order dated July 22, 1985, exhibit P-1, the appellant waived interest under both the sections in exercise of powers under one of the sub-clauses of section 273A(1). This was done because of the fact that the assessee had, before issue of a notice, voluntarily filed returns of income disclosing true income and had paid tax. Subs .....

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..... d come in the way of exercise of powers under the other clauses of section 273A(1). The learned single judge distinguished the decision of the Allahabad High Court in Ram Sarandas Har Swaroop Mal v. CIT [1990] 186 ITR 503. As pointed out by the learned single judge, the facts and the points which, arose in that case are quite different from the present case. The following are what the learned single judge observed in paragraph 9 of his judgment : "It is true that, while construing the provisions in sub-section (3) of section 273A of the Act, B. P. Jeevan Reddy C. J. (as his Lordship then was), on behalf of the Division Bench, has observed that : 'The true meaning of sub-section (3) is that the power shall be exercised only once in the .....

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..... r section 273A(1) of the Act for a second time. There was also no specific contention raised regarding the exact scope of the power conferred under section 273A(1) of the Act. The question whether the exercise of power in relation to only one of the several matters mentioned in the three clauses with reference to which power was conferred by the sub-section would amount to an exercise of power in relation to all the matters provided under all the clauses and would exhaust the entire power vested under the sub-section was not a matter specifically considered in the said decision. It was a case where the Commissioner exercised his power only with reference to one year even though the assessee had claimed even at the first instance relief in r .....

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