ANANT SINGH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY this writ petition the petitioner, hereinafter referred to as the assessee, seeks to impugn an order, dt. 29th Jan., 1976, passed by the ITO, declining to waive/reduce the interest charged under S. 215 of the IT Act, 1961 (for short the Act), as also the order dated 12th Oct., 1977, passed by the CIT, New Delhi, affirming the order passed by the ITO.

(2.) SHORN of unnecessary details, the material facts are as follows : The assessee is an individual, deriving income from pension, house property and profession. For the asst. year 1972 73, for which the relevant previous year ended on 31st March, 1972, he filed his return of income on 4th Dec., 1972. Assessment for the said assessment year was completed on 10th March, 1975. Since, in the opinion of the ITO, there was default on the part of the assessee in paying the requisite amount of advance tax and there was delay in filing the return as well, he levied interest under ss. 215 and 139(8) of the Act. Although non waiver of interest under S. 139(8) of the Act is also challenged in this petition, but learned counsel for the petitioner has stated before us that he is confining the petition to the non waiver of interest charged under S. 215 of the Act.

(3.) HENCE the present petition.