1978 (9) TMI 10

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....he learned counsel for the petitioner, we thought that the writ petition can straightaway be disposed of finally. That is why we have called upon Sri Polavarapu Rama Rao, standing counsel for the revenue, to argue the matter on behalf of the revenue, which lie has done. Now, we have had the benefit of hearing both sides. The assessee to income-tax had filed this writ petition, seeking a mandamu....

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.... Act. Why we have stated that he has mistakenly chosen the remedy is that the above provision was inserted by the Taxation Laws (Amendment) Act, 1974, with effect from October 1, 1975. We have already noted that the penal interest had been levied much earlier. Consequently, the Commissioner did not have any jurisdiction to deal with the matter under s. 273A of the Act. However, the assessee had....