https://www.taxtmi.com/caselaws?id=23822 The High Court held that rejection of a waiver application under section 273A was unsustainable where the Commissioner declined relief only because the return was filed after the assessment year, without considering the statutory power to reduce or waive penalty under section 271(1)(iii). The court noted that the petitioner had filed the return before initiation of proceedings under section 139(2), and that failure to exercise the relevant discretion vitiated the order. The rejection was quashed and the matter remitted for fresh decision after giving the petitioner an opportunity of hearing. en-us Mon, 31 Jul 1989 00:00:00 +0530 Thu, 14 Jan 2010 14:33:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=23822 The High Court held that rejection of a waiver application under section 273A was unsustainable where the Commissioner declined relief only because the return was filed after the assessment year, without considering the statutory power to reduce or waive penalty under section 271(1)(iii). The court noted that the petitioner had filed the return before initiation of proceedings under section 139(2), and that failure to exercise the relevant discretion vitiated the order. The rejection was quashed and the matter remitted for fresh decision after giving the petitioner an opportunity of hearing. Case-Laws Income Tax Mon, 31 Jul 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=23822