1995 (4) TMI 50

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....e. Mr. M. J. Thakore appears and waives service of rule on behalf of the respondents. In the facts and circumstances of the case, the petitions are taken up for final hearing. Both these petitions are filed for quashing and setting aside orders dated October 31, 1994, and January 19, 1995, passed by the Commissioner of Income-tax, Gujarat-III, Ahmedabad, in so far as they do not waive interest ....

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....ty of hearing was afforded to them. But the respondent was satisfied about fulfilment of the conditions laid down in section 273A of the Act. Hence, he granted the benefit and waived interest and penalty partly. In the impugned order, in paragraph 2, it was stated : " 2. After considering the facts of the case and the conditions laid down under section 273A of the Income-tax Act, 1961, I, Commi....

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....inance and Leasing Ltd. v. CIT [1994] 207 ITR 781 and the decision of this court in Kantilal v. CWT [1993] 203 ITR 579 (Guj). In Kantilal's case [1993] 203 ITR 579 (Guj), this court held while considering similar provisions of section 18B of the Wealth-tax Act, 1957, that once the authority is satisfied that the case is covered for grant of waiver of interest and penalty, in the absence of sound a....

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....spondent himself has granted benefit by reducing interest and penalty partly. He, however, did not apply his mind and no reason/ground whatsoever has been recorded as to why he did not grant the prayer of the petitioners in its entirety. The impugned orders, hence, suffer from non-application of mind. The point is also concluded by a decision of the apex court as well as of this court. The petitio....