1990 (12) TMI 64

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.... B. P. JEEVAN REDDY C. J. -We are unable to see any substance in this writ petition. The writ petition is directed against an order of the Commissioner of Income-tax made under section 264 of the Income-tax Act. The relevant facts are the following: The petitioner is a partnership firm. For the assessment year 1975-76, the return ought to have been filed on or before July 31, 1975. (The releva....

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....nal in nature and the onus of proving mens rea on the part of the assessee lies with the Income-tax Officer. Since, in this case, mens rea was not established, he dropped the proceedings. So far as interest is concerned, he levied the interest. Thereafter, the petitioner applied under rule 117A of the Income-tax Rules to waive the interest. This was rejected, against which the petitioner approache....