TaxTMI 
TaxTMI 
2010 (1) TMI 113
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....declining the waiver of interest chargeable under section 234C of the Income-tax Act and if so, whether the Board should give reasons while considering and passing orders on such application? 2. The facts giving rise to the above two issues are as follows: The appellant is a public limited company and they filed the return of income on December 31, 1990, for the assessment year 1990-91. As the company did not have any taxable income for the said year under the normal provisions of the Income-tax Act by virtue of section 115J of the Act, the book profit was disclosed in the return of income. The assessee has also paid advance tax for the financial year 1990-91 in the following manner, namely, a sum of Rs.16,00,000 on September 14,1989, a ....
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....y reason whatsoever. The challenge to the said communication before the learned single judge did not find favour with the assessee. According to the learned judge, the provisions of section l19 (2)(a) relate to the power of the Board to issue from time to time general or special orders in respect of any class of income or class of cases by way of relaxation of any of the provisions mentioned there under including sections 234A, 234B and 234C for the purpose of proper and efficient management of the work relating to assessment or collection of revenue. According to the learned judge, in contrast to clauses (b) and (c) of section 119(2) of the Act, the Board need not give any reasons while dealing with an application made by the assessee unde....
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....ive any reasons. Hence, the learned standing counsel would submit that the order under appeal need not be interfered with. 7. We have considered the rival submissions. The provisions of section 1l9(2)(a), (b) and (c) read as under: "119(2) Without prejudice to the generality of the foregoing power,- (a) The Board may, if it considers it necessary or expedient so to do, for the purpose of proper and efficient management of the work of assessment and collection of revenue, issue, from time to time (whether by way of relaxation of any of the provisions of sections 115P, 115S, 115WD, 115WE, 115WF, 115WG 115WH,115WJ, 115WK, 139, 143, 144, 147, 148, 154, 155, 158BFA, sub-section ( 1A)of section 201, sections 210, 211, 2....
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....ision for claiming deduction there under, subject to the following conditions, namely:- (i) The default in complying with such requirement was due to circumstances beyond the control of the assessee; and (ii) The assessee has complied with such requirement before the completion of assessment in relation to the previous year in which such deduction is claimed: Provided that the Central Government shall cause every order issued under this clause to be laid before each House of Parliament." 8. As far as the provisions of section 119(2)(b) and (c) are concerned, the finding in the order unde....
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....ourt in H. S. Anantharamaiah v. CBDT [1993] 201 ITR 526, where the Division Bench has held that while an application is considered and disposed of by the Board under section 119(2), the Board acts as quasi-judicial authority. We are entirely in agreement with the finding rendered in the said judgment. It is not in dispute that such applications from individual assessees are also entertained by the Board and disposed of In our opinion, no difference could be seen from either of the clauses (a), (b) and (c) of section 119(2) of the Act for the reason that even though section 119(2) only relates to the power of the Board to issue certain guidelines and principles on specific matters, while it entertains the application and disposes of the same....
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....of natural justice. The duty to give reasons is the function of due process and therefore of justice. It encompasses itself two principal aspects, namely, fairness and the application of mind by the authorities to support the above, we may refer to the judgments of the apex court in Vasudeo Viswanath Saraf v. New Education Institute, AIR 1985 SC 2105 and in S. N. Mukherjee v. Union of India AIR 1990 SC 1984. 9. As we have held that the Board while disposing of an application under section 119(2) (a) is acting as quasijudicial authority, it should certainly give reasons even though the provision does not explicitly refer to the provision of such reasoning in the order. 10. Of course, the learned senior standing counsel for the Revenue ....