9911796707
TMI Blog1991 (9) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... to the limited controversy before me. The fact remains that the petitioner, on November 26, 1979, taking advantage of section 273A of the Income-tax Act, 1961, and disclosing the income for the assessment years 1971-72 to 1977-78, paid the tax as calculated by him for the six assessment years to which a reference will be made hereinafter separately. After remitting the tax, the petitioner, on December 4, 1979, filed returns of income for the six assessment years and the Income-tax Officer, Salem-7, on April 10, 1980, passed the assessment orders relating to the said six years. The assessment year, the income returned and accepted, the tax paid and the tax actually assessed are as follows: Assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6,034 3,041 435 1972-73 5,644 5,869 3,220 483 1973-74 2,434 2,536 1,607 241 1974-75 773 812 645 97 1975-76 156 NIL 196 29 1977-78 224 248 480 NIL 15,150 15,499 9,189 1,306 While so, immediate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39(8) and 217 and penalties levied under section 273(b) for the assessment years 1972-73 to 1974-75 are not waived as there has been no compliance with section 273A(1)(iii)(c). Aggrieved, the above writ petition has been filed. Learned counsel appearing for the petitioner vehemently contended, while reiterating the submissions made in the affidavit that, on an overall consideration of the tax liability in respect of the six assessment years as found due and the tax paid would show that the tax paid under section 140A was even in excess of the tax assessed to be due and that inasmuch as the petitioner has bona fide volunteered to disclose the income and paid the tax due thereon on the very date of disclosure of the income to the Departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inasmuch as the condition precedent to invoke the benefit of clause (c) of sub-section (1) of section 273A has not been complied with, the Commissioner could not properly and validly exercise his discretion in favour of the petitioner even for the assessment years for which it has been disallowed. Learned counsel also contended that the reason for not granting the waiver for the years in question is found disclosed in paragraph 3 of the impugned order and that no exception could be taken to the reasoning by the respondent. I have carefully, considered the submissions of learned counsel appearing on either side. I am unable to accept and sustain the objections on behalf of the petitioner to the order in question. Income-tax is an annual l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r waiver of the penalty as well as the interest chargeable, unless the said condition is satisfied in the present case, this court cannot interfere with the exercise of the discretion by the respondent, nor could this court find fault with such exercise of discretion by the respondent on any grounds of mercy. The fact that, in respect of certain years, the admitted tax due on the income returned has not been paid cannot be disputed. Whether the mistake in calculation pleaded or claimed by the petitioner to exonerate him from meticulous compliance with the conditions prescribed under the statute to render him eligible to the benefit of a privilege of waiver is the question which really falls for consideration, In my view, a statutory prescri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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