1990 (2) TMI 45

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.... of Rs. 1,14,189 paid under a mistake of law in respect of the assessment years 1967-68, 1968-69 and 1969-70 and other consequential reliefs on the ground that it was incumbent upon respondent No. 2 to exercise his discretion to waive interest in a proper judicial manner inasmuch as the conditions precedent as laid down in section 273A(1) were fulfilled. It is stated that respondent No. 2 ignored the concept of law as set in section 273A and made colourable exercise of its powers on consideration of irrelevant factors. It is alleged that in view of the fact that the Explanation in section 273A(1) of the said Act clearly lays down, as a criterion to attract the provisions of section 271 ( 1 ) (c), when at least a prima facie satisfaction of ....

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....3A of the said Act, respondent No. 2 ought not to have rejected the petition upon reasons which are otherwise unwarranted in law. It was beyond the competence, authority and jurisdiction of respondent No, 2 to observe and hold that respondent No. 1 was not justified in dropping the proceedings under section 271 (1) (a) of the said Act inasmuch as the power of applying the said section is given exclusively to respondent No. 1 and whose discretion cannot be substituted and/or overruled by the respondent, the Commissioner of Income-tax. Mr. Nandalal Pal, learned advocate appearing for the contesting respondents, has urged that the impugned actions on the part of the respondent authority is justified there is nothing of irregularity and ille....

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....) of section 271 ; or (iii) reduce or waive the amount of interest paid or payable under sub-section (8) of section 139 or section 215 or section 217 or the penalty imposed or imposable under section 273, if he is satisfied that such person (a) in the case referred to in clause (i), has, prior to the issue of notice to him under sub-section (2) of section 139, voluntarily and in good faith made full and true disclosure of his income ; (b) in the case referred to in clause (ii), has, prior to the detection by the Income-tax Officer, of the concealment of particulars of income or of the inaccuracy of particulars furnished in respect of such income, voluntarily and in good faith, made full and true disclosure of such particulars; (....