1990 (5) TMI 30 - HC - Income Tax

Court rules on retrospective effect of tax provision, upholds Commissioner's decision on interest waiver

The High Court of Calcutta considered a writ petition challenging an order by the Commissioner of Income-tax under section 220(2A) of the Income-tax Act. ... Effect Of Amendment Of S. 220(2a), Interest, Rule Against Retrospectivity, Waiver Issues involved: The petition filed for mandamus to recall an order u/s 220(2A) of the Income-tax Act, alleging lack of jurisdiction by the Commissioner of Income-tax.Summary:The High Court of Calcutta considered a writ petition filed by a company seeking to challenge the order passed by the Commissioner of Income-tax under section 220(2A) of the Income-tax Act. The Commissioner found that the conditions for waiving interest were not met, as the relevant provision was inserted in 1984 and could only apply to levies made after that date. The petitioner argued that the Commissioner's action was quasi-judicial and lacked jurisdiction. Various legal precedents were cited, including cases discussing penalty reduction and waiver. The court also referred to a Supreme Court judgment emphasizing liberal construction of tax laws for industrial activities. The main issue before the court was whether section 220(2A) should have retrospective effect, which was deemed unlikely as per legal principles. Ultimately, the court found no irregularity in the Commissioner's order and rejected the petition, with no costs awarded.