2009 (6) TMI 18

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....d 20.4.2009. 3. The petitioner was a minor during the assessment year 1991-92 and 1992-93. A return of income was filed voluntarily on 31.12.97 declaring a taxable income of Rs.1,13,440/-. The said return was processed under Section 143(1)(a) on 29.9.2000 determining the tax liability at Rs.1,09,979/-. Interest under Sections 239A and 234B and 234C of the IT Act was levied after giving credit to to pre-assessment tax paid. Balance of Rs.70,520/- was directed to be paid. The intimation under Section 143(1)(a) was served on the petitioner after a period of 2 years. For the assessment year 1992-93, the return of income was filed voluntarily on 31.12.97 declaring a taxable income of Rs.2,97,790/- and agricultural income of Rs.10,000/- was dec....

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....Spinning Mills Pvt. Ltd. was demerged and new company was floated. When my mother become the only person responsible for running the company. Due to unavoidable circumstances, I am not able to file a return and pay the advance tax and then later my mother approached a tax consultant and the return was filed voluntarily and paid the tax. In earlier years and subsequent years we have filed the returns in time and paying the tax regularly." 6. However, not accepting the plea of the petitioner, the respondent, by the impugned order, dated 19.12.2002, rejected the request. It was stated that the petitioner's father died only on 28.3.1991 and the petitioner had not paid any advance tax for the assessment year 1991-92, but paid the amount of Rs.5....

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....ction by the Assessing Officer. The Chief Commissioner of Income Tax/Director General of Income Tax may order the waiver or reduction of interest under sections 234A, 234B and 234C under this order with reference to the assessment year 1989-90 or any subsequent assessment year. ..." 9. A Division Bench of this Court, while considering the plea for waiver of interest and the scope for judicial interference in such matters, in a decision in Kanchipuram Silk Handloom Weavers' Co-operative Marketing Society Ltd. Vs. Commissioner of Income-Tax and others reported in (2008) 296 ITR 63 (Mad), in page No.69, had observed as follows:  "It is a fairly settled proposition of law that granting waiver is a matter of discretion, yet, the exercis....

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....on (IT and WT) and another reported in (2008) 299 ITR 456 (Mad). It is necessary to refer to the following passage found in page 459, which reads as follows: "The perusal of the Board's order dated May 23, 1996, lists out the circumstances under which a reduction or waiver of interest under section 234A, 234B or 234C can be considered. Given this power of waiver and the circumstances under which it could be considered, the authority before whom a petition is made, is bound to consider the circumstances warranting a rejection or a reduction. Devoid of reasons indicated for reduction, it is difficult to uphold the order of the first respondent." 11. After following the judgment in T. N. Arumugam's case, this Court allowed a writ petition on....