SUBRAMANI C Vs. COMMISSIONER OF INCOME TAX ASSESSMENT

JUDGEMENT

(1.) THE petitioner is an assessee under the Income-tax Act, 1961. He filed applications as contemplated under section 273A of the Act on May 14, 1990, and May 1, 1990, seeking reduction or waiver of interest leviable under sections 139(8), 215 and 217 of the Act. All the applications were taken together for consideration by the Commissioner and he, by a common order dated March 8, 1981, disposed of the applications. For the year 1985-86, the Commissioner found that the assessee satisfied the conditions and, therefore, granted waiver of interest as enumerated therein. THEreafter, for the year 1986-87, the Commissioner took the view that only the first disclosure is eligible for waiver and those applications were not considered. Obviously, this latter part of the order relating to 1986-87 was made on the basis of sub-section (3) of section 273A of the Act. THE said sub-section reads as follows :

(2.) IN the circumstances, this petition is allowed. Respondent No. 2 is directed to consider the application filed by the petitioner for the assessment year 1986-87 also. The order impugned herein shall stand quashed to the extent it has disallowed the application filed by the petitioner for the year 1986-87 and the matter shall stand remitted to the Commissioner for fresh consideration in accordance with law. Rule made absolute accordingly.