COMMISSIONER OF INCOME TAX Vs. MANSARAM SUKHDEV GUNJ

JUDGEMENT

(1.) THIS appeal is preferred against the order dated June 16, 1992, passed by the learned single judge in Writ Petition No. 10682 of 1990.

(2.) THE learned single judge has allowed the writ petition, set aside the order of the Commissioner of Income-tax and remitted and application filed by the respondent/petitioner under section 273A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for fresh consideration in accordance with law.

(3.) THE point for consideration is as to what is the scope of sub-section (3) of section 273A of the Act. Section 273A of the Act deal with the power to reduce or waive penalty, etc., in certain cases. Section 273A(1) provides as to, under what circumstances, the penalty can be waived. Section 273A(3) provides thus :