1988 (3) TMI 40

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..... For the assessment year 1978-79, the second respondent, the Income-tax Officer, levied interest under section 139(8) of the Income-tax Act of a sum of Rs. 2,140 and a sum of Rs. 1,549 by way of interest under section 215 of the Act. The total interest thus levied came to Rs. 3,689. The petitioner filed an application under section 273A of the Income-tax Act before the first respondent, the Commis .....

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..... s relevant in the instant case, is extracted hereinbelow: " 273A. Power to reduce or waive Penalty, etc., in certain cases.(1) Notwithstanding anything contained in this Act, the Commissioner may, in his discretion, whether on his own motion or otherwise,-... (iii) reduce or waive the amount of interest paid or payable under sub-section (8) of section 139 or section 215 or section 217 or the .....

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..... no question of issuing a notice under section 139(2) or section 148 of the Act can arise. The tax on the income disclosed was not paid along with the disclosure. It was fully paid long after the disclosure was made, i.e., on December 7, 1978. On these premises, we have to hold that the assessee failed to pay the tax on the income so disclosed prior to the issue of notice under section 139(2) or se .....

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