TaxTMI 
TaxTMI 
2003 (7) TMI 34
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....ring 33 acres and 10 marlas belonging to the late Shri Megh Raj (predecessor-in-interest of the petitioners) was acquired by the Government of Haryana vide Notifications dated February 7, 1986, and February 18, 1986, issued under sections 4 and 6 of the Land Acquisition Act, 1894 (for short, "the 1894 Act"). The Land Acquisition Collector passed the award dated August 27, 1987. On an application filed by Shri Megh Raj under section 18 of the 1894 Act, the compensation was enhanced by the Additional District Judge, Kurukshetra, from Rs. 70,000 to Rs. 1,00,000 per acre. The Government of Haryana challenged the enhancement by filing regular first appeal which is pending in the High Court. The whole of the compensation, i.e., Rs. 53,76,900 rec....
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....use with effect from July 1, 1995, all the banks had deducted TDS except State Bank of Patiala; (c) the assessee had distributed the whole money among his nine married daughters and had filed returns voluntarily; (d) all the dues except interest on FDRs had been paid; and (e) the Assessing Officer sent letter dated May 22, 2001 (annexure P9) recommending the waiver of interest. Respondent No.1 dismissed the application of the petitioners vide order annexure PI by assigning the following reasons: "The facts of the assessee's case have been carefully considered. It is observed that the assessee had received compensation which was deposited in different banks. Substantial amount of interest exceeding the taxable limit for all the assessme....
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....ed. The assessee has not been able to establish any such circumstances due to which the returns of income could not be submitted right from the assessment years 1990-91 to the assessment year 1999-2000 in time. A reference to the assessment records indicates that enquiries were being made by the Assessing Officer from the various banks regarding the deposits of the assessee as well as interest income earned during the various assessment years and Form No. 15H were also being verified. The fact that the returns of income were filed by the assessee before the issue of any notice from the Assessing Officer does not establish that the returns were filed without detection by the Assessing Officer. All the returns were filed after the Assessing O....
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....terate person of 70years age and had signed Form No. ISH as asked by the bank manager without knowing what its contents were. Similar reply was sent by his chartered accountant on October 3, 2000. Respondent No.1 also over-looked the fact that the Assessing Officer had strongly recommended waiver of interest. In our opinion, non-consideration of these factors has the effect of vitiating the conclusion recorded by respondent No.1 that the assessee had furnished incorrect particulars in Form No. 15H. We are also inclined to agree with learned counsel for the petitioners that filing of incorrect particulars in Form No. 15H cannot lead to an inference that Shri Megh Raj had deliberately tried to mislead the authorities and wanted to avoid paym....