2016 (5) TMI 74

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....m of property. The computation of capital gains referable to that transaction resulted in an assessment order, leading to, among other things, consequential levy of interest under section 234B of the Act. He applied before the Chief Commissioner seeking waiver of interest so levied. That was turned down. It stands confirmed by the learned single Judge through the impugned judgment. 3. It is pleaded on behalf of the appellant that he was eligible to the benefit of Ext.P3(a) notification dated 23.5.1996 and that Ext.P3(b) is only a communication, not amounting to a notification of an order under Section 119(2)(a) of the Act. So saying, it is argued that since the assessee voluntarily filed the return, without detection by the assessing offic....

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....le circumstances, which is the context taken into account by clause 2(d) of the notification and  that the assessee had filed a return disclosing the sale of landed property in the previous year, relevant to the assessment year; but had not returned any liability to taxes on capital gains. We agree with such finding of the learned single Judge. We affirm it. 6. The plea on behalf of the appellant that Ext.P3 (b) does not evidence an order under Section 119 (2)(a) is unsustainable for reasons more than one. Ext.P3(b) is an order shown to have been issued by the Central Board of Direct Taxes; 'CBDT' hereinafter; in exercise of the powers conferred under clauses 2(a) of Section 119 of the Act. It is wholly unacceptable to say tha....