1992 (7) TMI 40

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....This appeal is preferred against the order dated June 16, 1992, passed by the learned single judge in Writ Petition No. 10682 of 1990. The learned single judge has allowed the writ petition, set aside the order of the Commissioner of Income-tax and remitted the application filed by the respondent/petitioner under section 273A of the Income-tax Act, 1961 ( hereinafter referred to as " the Act fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he point for consideration is as to what is the scope of sub-section (3) of section 273A of the Act. Section 273A of the Act deals with the power to reduce or waive penalty, etc., in certain cases. Section 273A(1) provides as to, under what circumstances, the penalty can be waived. Section 273A(3) provides thus: "Where an order has been made under sub-section (1) in favour of any person, whether s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ommissioner of Income-tax. He has failed to notice the words " whether such order relates to one or more assessment years ". Therefore, the order may relate to one or two years and even to more than two years. The assessee has made one application in respect of the assessment years in question for waiver of penalty. In sub-section (3) of section 273A of the Act, there is no bar to make one applica....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 506): A reading of the sub-sections shows that, in case where the requirements mentioned therein are satisfied, the Commissioner gets the jurisdiction to waive the penalty or interest, as the case may be. Merely because the conditions mentioned in sub-section (1) are satisfied, no assessee can claim a total waiver of penalty/interest. It is a matter within the discretion of the Commissioner. He s....