9911796707
TMI Blog2008 (9) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. JUDGMENT K. CHANDRU J. - The petitioner is an assessee under the Income Tax Act, 1961. In the present writ petition, he is challenging the order passed by the Chief Commissioner of Income Tax dated 8/3/2004 in which the petitioner's waiver of interest under Sections 234B and 234C was rejected by the impugned order. The first respondent rejected the request for waiver on the ground that he has not satisfied the condition prescribed in the Board's circular and that the return of income was filed voluntarily by the petitioner and the tax portion of the demand on the assessed income by the assessee. Even though in paragraph 7 of the impugned order, the Commissioner for Income Tax has recorded that there was no doubt that return of incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner must be satisfied with the genuine claim made by the assessee for waiver of interest. 5. The learned counsel has filed an additional typed set and referred to the requisition made by the petitioner dated 19/3/1997 setting out the circumstances under which the petitioner had paid the tax and also the reason for him in getting the details in the remittance made in his favour. Therefore, it cannot be said that there are no reasons adduced by the petitioner and even the so called delay has been explained. 6. The learned counsel also brought to the notice of the judgment of the Division Bench reported in N. Haridas and Co. v. CCIT [2008] 296 ITR 246 (Madras). The Division Bench in paragraphs 5, 6 and 7 had observed as follows ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent should have taken note of the unavoidable circumstance, viz., the sudden demise of the managing partner at the time when the tax under the Voluntary Disclosure of Income Scheme was demanded. Further, the petitioner filed a revised return on receipt of notice under Section 148 of the Income-tax Act and paid tax accepting the reassessment. We, therefore, hold that the first respondent is not correct in rejecting the claim of the petitioner for waiver of interest without properly appreciating the facts and circumstance of the case." 7. In the light of the same, the petitioner is entitled to succeed. However, this Court is not in granting any direction to refund the amount as originally prayed for in the writ petition. It is suffice to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
