1986 (2) TMI 40

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....56(1) of the Income-tax Act, 1961 : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal were correct in law in cancelling the interest charged under section 139(1) by taking recourse to section 154 by holding that it is not a case of mistake apparent from the record ? " In this reference, we are concerned with the assessment year 1964-65. The asses....

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....sistant Commissioner. The appeal was allowed and the order of rectification was cancelled. The Revenue being aggrieved by the order of the Appellate Assistant Commissioner filed an appeal before the Appellate Tribunal which affirmed the order of the Appellate Assistant Commissioner. Hence, the present reference before us. Learned senior standing counsel for the Revenue has submitted that the Ap....

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....ered firm which has been assessed on its total income in respect of that previous year under clause (b) of section 183 ; (iii) where the return of income of a deceased individual is furnished by his legal representative and the legal representative satisfies the Income-tax Officer that he had sufficient cause for not furnishing such return within time; (iv) where the return of income has bee....

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....t Commissioner had not been obtained. Upon those facts, the submission urged on behalf of the Revenue is well founded and must be sustained. Waiver is a conscious act. It is not non-application of mind. Even if it were to be taken as implied, the presumption cannot be raised against the statute. The rules which are statutory clearly prohibit waiving of charging of interest without approval of t....