REHMATH K E Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN this petition under article 226 of the Constitution of INdia the question is of waiver of interest under Section 139(8) of the INcome-tax Act, 1961. By the impugned order (exhibit P-6) passed by the Commissioner of INcome-tax, Cochin, on October 30, 1992, in revision waiver of interest to the extent of 50 per cent. is already granted leaving the petitioner to this court to consider whether there is a case for total waiver of interest.

(2.) THE assessment year is 1986-87. In other words for the assessment year in question the return ought to have been filed on or before July 31, 1986, and it has been filed on March 10, 1989, within a little less than three years thereafter. Originally the return was filed admitting an income of Rs. 85,850. On discussion with the assessee's representatives it was rounded off to Rs. 7,06,970. THE Income-tax Officer--the assessing authority--levied interest under Section 139(8) of the Act from August 1, 1986, up to February 28, 1989, at Rs. 1,28,921. THE other aspects are of no relevance in this petition.

(3.) IT also appears in the petition that there was a search under Section 132 of the Income-tax Act of the business premises of the petitioner on March 17, 1987. The delay was for finalising the accounts and was not intentional or wilful omission or as a result of any lapse on the part of the petitioner.