NITIN TRANSPORT Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) RULE. Mr. M.R. Bhatt appears for the respondent and waives service of rule. Considering the limited scope of the controversy and taking note of the fact that the point is already covered by a pronouncement of this Court, we are obliged to take up this spl. Civil Application for final disposal today itself.

(2.) THE petitioner puts forth a complaint in respect of the order dt. 29th/31st July, 1992, dealing with its application for waiver of penalty/interest under s. 273A of the IT Act, 1961 only for the asst. yr. 1986-87 instead of 1986-87 to 1988-89. What has been done by the impugned order runs counter to the pronouncement in Bharatkumar Bansilal Choksi vs. CBDT and Anr. (1992) 103 CTR (Guj) 8 : (1992) 196 ITR 212 (Guj). This obliges us to interfere in this spl. Civil Application and accordingly we allow it and direct the respondent to decide the application of the petitioner by waiving penalty/interest in respect of all the assessment years, namely 1986-87 to 1988-89 afresh in accordance with law and giving an opportunity of being heard to the petitioner and also taking note of the pronouncement referred to above.