https://www.taxtmi.com/caselaws?id=25521 Section 273A(4) gives the Commissioner discretion to reduce or waive penalty on satisfaction of genuine hardship and cooperation in the enquiry, and writ interference is justified only where that discretion is exercised contrary to law or on extraneous considerations. On the stated facts, the 50% penalty reduction was not shown to be illegal, so no interference was warranted. The criminal complaint was also not quashed, as no ground was made out in writ proceedings. The argument based on section 279(1A) was left open for determination before the Magistrate, because its application depended on factual matters requiring investigation in the pending prosecution. en-us Mon, 01 Dec 1986 00:00:00 +0530 Fri, 29 Jan 2010 12:10:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=25521 Section 273A(4) gives the Commissioner discretion to reduce or waive penalty on satisfaction of genuine hardship and cooperation in the enquiry, and writ interference is justified only where that discretion is exercised contrary to law or on extraneous considerations. On the stated facts, the 50% penalty reduction was not shown to be illegal, so no interference was warranted. The criminal complaint was also not quashed, as no ground was made out in writ proceedings. The argument based on section 279(1A) was left open for determination before the Magistrate, because its application depended on factual matters requiring investigation in the pending prosecution. Case-Laws Income Tax Mon, 01 Dec 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=25521