SREENIVASULU K L Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN the these write petitions, the petitioner has challenged a part of the common order made by the Commissioner of INcome-Tax on the applications that had been filed by the petitioner for relief under s. 1968-69, 1970-71 to 1973-74 and 1976-77 (six years in all). The assessee by his applications prayed for the waiver of penalty under ss. 271(1)(a), 273(b) and interest under s. 139(8) and under s. 217 of the I.T. Act, 1961. The commissioner waived the penalties as also the interest leviable under s. 139(8) of the I.T. Act but refused to waive the interest payable under s. 217 of the I.T. Act. It is contended by the learned advocate appearing for the petitioner that the given by the commissioner for refusing to waive the interest payable under s. 217 of the I.T. Act is untenable and that part has not been made in the due exercise of the jurisdiction under s. 273A of the I.T. Act.

(2.) THE order of the commissioner consists of only two paragraph and the relevant portion is to be found in para. 2, which is as follows :