SIVARAM TEXTILES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) AGGRIEVED by the order of the first respondent dated 20-1-1992, rejecting the request for waiver of interest and penalty for the assessment year 1988-89, the petitioner has filed the above writ petition for quashing the said order and for direction to the first respondent to grant waiver of the same as prayed for in their application dated 29-6-1991 under section 273A of the Income Tax Act, 1961 Income Tax Act.

(2.) THE facts which are necessary for disposal of the present writ petition are stated hereunder:

(3.) THERE is no dispute that the first respondent Commissioner, Coimbatore, after accepting the case of the petitioner and after holding that the petitioner satisfied the conditions set out for waiver, waived the interest and penalties for the year 1987-88. Now we are concerned with the order of the first respondent rejecting the request for waiver for the assessment year 1988-89. The only reason given by the first respondent in the order impugned is that, for the assessment year 1988-89, the return of income has been filed on subsequent date, hence, according to her, this is considered to be a separate disclosure and after holding so, rejected the request for waiver. Now, the only question for consideration in this writ petition is whether the first respondent is justified in rejecting the request for waiver for the assessment year 1988-89.