https://www.taxtmi.com/caselaws?id=23833 Section 273A(1)(ii) confers a discretion to reduce or waive penalty for belated return filing, and that discretion must be exercised on relevant considerations, including voluntary filing and surrounding circumstances. The Commissioner refused waiver on the erroneous premise that delay in filing alone barred relief, without properly weighing the material placed before him. That narrow approach amounted to an arbitrary exercise of discretion. The refusal was quashed and the matter had to be reconsidered de novo. en-us Mon, 31 Jul 1989 00:00:00 +0530 Thu, 14 Jan 2010 15:50:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=23833 Section 273A(1)(ii) confers a discretion to reduce or waive penalty for belated return filing, and that discretion must be exercised on relevant considerations, including voluntary filing and surrounding circumstances. The Commissioner refused waiver on the erroneous premise that delay in filing alone barred relief, without properly weighing the material placed before him. That narrow approach amounted to an arbitrary exercise of discretion. The refusal was quashed and the matter had to be reconsidered de novo. Case-Laws Income Tax Mon, 31 Jul 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=23833