2004 (4) TMI 35

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.... two writ petitions were filed against the orders made by the Commissioner under section 264 of the Income-tax Act, 1961, whereby the waiver of interest under section 215 read with rule 40(1) of the Income-tax Rules has been denied. The Assessing Officer has examined the matter for the relevant assessment years and made orders. Being aggrieved by the said orders, the assessee preferred applicat....

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....he material placed on record, the court arrived at the conclusion: ". . . As regards the waiver of interest for the period from October 1, 1976 to September 23,1978 though the Commissioner has observed that the details/statement asked for were furnished piecemeal yet it falls short of a finding that delay in making the assessment was attributable to the assessee. We have no hesitation in holdin....