9911796707
TMI Blog1980 (11) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... he applications that had been filed by the petitioner for relief under s. 273A of the I.T. Act, 1961. The matters relate to the assessment years 1968-69, 1970-71 to 1973-74 and 1976-77 (six years in all). The assessee by his applications prayed for the waiver of penalty under ss. 271(1)(a), 273(b) and interest under s. 139(8) and under s. 217 of the I.T. Act, 1961. The Commissioner waived the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. years. As far as the interest levied u/s. 217, there is no need to interfere as the advance tax payable under the Act had been retained by the petitioner and he had the user of the money during the period. The collection of interest thereon is reasonable and, therefore, this interest is retained." Considering the facts and circumstances in the instant cases, the contention put forth by the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stion of waiver has to be considered notwithstanding the fact that the assessee was liable to pay the interest and had not paid it. The mere fact that the assessee had failed to file the estimate and thereby become liable to be charged with the interest and he had not paid the interest would not by itself be a ground for refusing to exercise the jurisdiction to waive the interest under s. 217 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the entire order made by the Commissioner. I do not find any merit in this contention. The Commissioner himself treated each one of the items in regard to waiver prayed for as separate and so far as the matter has been favourable to the assessee it has become final and could not be reopened by the Commissioner. Therefore, the contention put forth by the learned counsel appearing for the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
