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TMI Blog1992 (7) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... ed single judge in Writ Petition No. 10682 of 1990. The learned single judge has allowed the writ petition, set aside the order of the Commissioner of Income-tax and remitted the application filed by the respondent/petitioner under section 273A of the Income-tax Act, 1961 ( hereinafter referred to as " the Act for fresh consideration in accordance with law. The Commissioner took the view that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A of the Act. Section 273A of the Act deals with the power to reduce or waive penalty, etc., in certain cases. Section 273A(1) provides as to, under what circumstances, the penalty can be waived. Section 273A(3) provides thus: "Where an order has been made under sub-section (1) in favour of any person, whether such order relates to one or more assessment years, he shall not be entitled to any reli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to one or more assessment years ". Therefore, the order may relate to one or two years and even to more than two years. The assessee has made one application in respect of the assessment years in question for waiver of penalty. In sub-section (3) of section 273A of the Act, there is no bar to make one application for more than one assessment year and to consider that application in respect of al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d therein are satisfied, the Commissioner gets the jurisdiction to waive the penalty or interest, as the case may be. Merely because the conditions mentioned in sub-section (1) are satisfied, no assessee can claim a total waiver of penalty/interest. It is a matter within the discretion of the Commissioner. He shall consider all the relevant facts and circumstances of the case and then decide wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering the same separately for each assessment year. The application has to be considered only once as the power under sub-section (3) of section 273A(3) can be exercised only once in respect of an assessee and there can be one application relating to one or more assessment years. Hence, we are of the view that the Commissioner is not right in holding that the appellant is entitled to the relief ..... X X X X Extracts X X X X X X X X Extracts X X X X
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