1990 (5) TMI 30

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....Bengal-II, under section 220(2A) of the Income-tax Act and further commanding the Commissioner to rehear the application after giving sufficient and adequate opportunity of adducing records in respect of such application on the ground that the exercise of the power by the Commissioner of Income-tax under section 220(2A) of the said Act is a quasi-judicial exercise of power and, as such, the Commissioner of Income-tax acted without jurisdiction in not exercising his jurisdiction in accordance with the provisions thereof. It appears from the order dated October 31, 1989, that the Commissioner of Income-tax, West Bengal-II, P-7, Calcutta, has found that the conditions precedent for the exercise of discretion for the waiver of interest under....

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....idered there as to penalty and reduction or waiver and at what stage the Commissioner could reduce or waive penalty. It has also been considered there as to whether the Commissioner could do so only after penalty is imposed and whether the penalty could be waived or reduced even in respect of an assessment year prior to the introduction of section 271(4A). The whole discussion related to the matter as to whether the letter of the Commissioner can be treated as an order reducing the penalty and whether the assessee could raise that point before the High Court on the ground that the point is implicit in the questions referred. Another decision cited from the Bar is Indra and Co. v. CIT [1980] 122 ITR 510 (Raj). It was made clear that an ap....