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TMI Blog2016 (9) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Mr.N.Quadir Hoseyn, learned counsel for the petitioner and Mr.Joseph George.M, learned counsel appearing for the respondent. 2.In this Writ Petition, the petitioner challenges the order passed by the respondent dated 30.03.2004, in so far as it denies the waiver of interest chargeable under sections 234B and 234C of the Income Tax Act, 1961 (in short 'Act'). 3.As there was a proposa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of income on 28.07.1994 voluntarily. The said explanation given by the petitioner was found acceptable and reasonable cause for delay in filing the Return of Income and therefore, the respondent waived the interest charged under section 234A of the Act. However, for the interest under sections 234B and 234C of the Act, the authority did not refer to the reasons given by the petitioner nor his obje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the late payment of taxes. Referring to the Notification dated 23.05.1996, it was pointed out that the powers conferred on the Chief Commissioner of Income Tax/ Director General of Income Tax to waive interest charged under sections 234A, 234 B or 234C of the Act and the classes of cases of classes of income specified in para 2 of the said order. It was pointed out that condition precedent is that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns 234B and 234C of the Act. 6.As noticed above, the respondent was satisfied with the fact that the petitioner has made out a case for waiver of interest under section 234A of the Act and the respondent recorded that it is a reasonable cause for delay in filing the return of income. Applying the reasons assigned by the Hon'ble Division Bench of the Gujarat High Court, this Court is of the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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