2003 (5) TMI 34

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....7 of the Constitution of India, the prayer is made for the issuance of a writ in the nature of certiorari quashing the order dated March 6, 1981 (annexure P2), passed by respondent No.1 and the order dated February 25, 1986, of respondent No.2 upholding the order of respondent No.1 passed under rule 117A of the Income-tax Rules, 1962, read with section 139(8) of the Income-tax Act, 1961 (hereinaft....

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.... the accounts for the relevant period were received on or after October 19, 1974. Earlier there had been a strike in the establishment, which had commenced on April 29, 1974, and continued for about four months. Consequently, the audit work was held up. The Income-tax Officer, respondent No. 1, did not accept the application. The default was held to be without any reasonable cause. The petitioner ....

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....ng been accepted for the purposes of imposition of penalty under section 271(1)(a) could not have been disregarded while deciding the question of waiver of interest with regard to late filing of the return. On the other hand, learned counsel for the respondents, has submitted that the impugned orders are speaking orders. The petitioner had failed to prove any evidence in spite of ample opportun....

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....or waive the interest on the assessee provided he produces evidence to the satisfaction of the Income-tax Officer that he was prevented by sufficient cause from furnishing the return in time. The explanation given by the petitioner with regard to the delay in filing of the return was accepted by the Income-tax Officer for dropping the penalty proceedings. However, the same reasoning was not accept....