2003 (4) TMI 89

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.... West Bengal (II), Calcutta, under section 273A of the Income-tax Act, 1961, by holding a view that review of the order passed by the authority is impermissible under the law. According to me there is a fallacy in passing such order by the Commissioner of Income-tax. The case of the petitioner is that waiver of interest and penalty could have been granted by such authority but it failed to grant ....

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....151 of the Code of Civil Procedure. The Commissioner is empowered to consider the prayer on the merits as to whether for the ends of justice the assessee can be granted relief as regards waiver of interest and penalty or he cannot be allowed, to prevent abuse of process of law. The flavour of section 273A speaks for the same. The provision of such section cannot be said to be reviewed simplicitor ....