9911796707
TMI Blog2007 (8) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT The judgment of the court was delivered by J. P. Devadhar J.— In this petition, challenge is to the order of the Commissioner of Income-tax dated January 28, 1993, passed under section 273A of the Income-tax Act, 1961 (the "Act" for short). By the said order, the Commissioner of Income-tax has declined to waive interest/penalty levied against the petitioner/assessee under various provisions of the Act. 2. The assessment year involved herein are assessment year 1979-80 and assessment year 1987-88. 3. Prior to the assessment year 1975-76, the petitioner was assessed to income-tax regularly. On August 17, 1975, the petitioner went to America. During the financial years 1977-78 and 1978-79, the petitioner visited Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncluded that since there was undue delay in the submission of return of income, there was delay in payment of self-assessment tax and, therefore, not a fit case for exercising jurisdiction under section 273A of the Act. Challenging the aforesaid order of the Commissioner of Income-tax, the present petition is filed. 7. On June 8, 1993, this petition was admitted and interim relief was granted in terms of prayer clause (c) of the petition thereby restraining the respondents from taking any steps or proceedings to implement the order dated January 28, 1993. 8. To complete narration of facts, we may note that after filing of the petition, the Commissioner of Income-tax (Appeals) by an order dated February 22, 1995, has deleted the pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication belatedly on January 28, 1993, the Commissioner of Income-tax has not even ascertained as to whether the said FDRs were still available as security. It is contended by the assessee that on June 16, 1993, while filing a return for the assessment year 1992-93, the Assessing Officer was informed that the petitioner had fixed deposits of substantial amount for recovering unpaid interest chargeable under the Act. It is also pertinent to note that the penalty levied under section 271(1)(a) for the assessment year 1980-81 to the assessment year 1988-89 have been deleted by the Commissioner of Income-tax (Appeals) and the same is accepted by the Revenue. Similarly, penalty levied under section 271(1)(c) of the Act has also been deleted by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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