9911796707
TMI Blog1983 (9) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... exure P-3, of the Commissioner of Income-tax passed in exercise of powers under s. 273A of the I.T. Act, 1961 (hereinafter referred to as " the Act "), on the ground that the Commissioner did not indicate the reasons for not wholly waiving the penalty imposable under s. 271(1)(a) or interest under s. 217 of the Act even though he was satisfied that the case fell within the ambit of s. 273A of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 217 or the penalty imposed or imposable under section 273, if he is satisfied that such person (a) in the case referred to in clause (i) has, prior to the issue of notice to him under sub-section (2) of section 139, voluntarily and in good faith made full and true disclosure of his income ; (b) in the case referred to in clause (ii), has, prior to the detection by the Income-tax Officer, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he payment of any tax or interest payable in consequence of an order passed under this Act in respect of the relevant assessment year .............." A perusal of the aforesaid provision would' show that the Commissioner is given the discretion when the requisite conditions envisaged by s. 273A are satisfied that he may waive or reduce the penalty or interest imposable under the given sections o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e relief or not to give relief at all or to give only partial relief. In working out the provisions of this kind, certain amount of arbitrariness is, in any case, inherent. The Commissioner is not expected to give reasons as to why in a given case he has given only 1/4th, 2/3rds or 3/4ths relief. For the reasons aforementioned, I find no merit in this petition and dismiss the same. No costs. &n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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