SRIDEVI VENKATASWAMY Vs. CHIEF COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE prayer in these writ petitions are to quash the proceedings dated 9.11.2005 of the first respondent and direct the first respondent to waive the excessive interest levied under Sections 234A, 234B and 234C of the Income Tax Act, 1961.

(2.) ALL the writ petitions are filed by the very same petitioner, who is a widow of one Venkataswamy, who was Director of M/s. Venkatesa Spinners Private Limited. Petitioner's husband and other Directors looked after the day-to-day affairs of the said Company. Petitioner was housewife. Petitioner's husband died on 28.3.1991 leaving behind the petitioner and a minor daughter. Petitioner became one of the Directors of the said Spinners Limited after the demise of her husband. According to the petitioner, she had no knowledge about the Company affairs and Income-tax matters.

(3.) THE Assessing Officer accepted the returns for all the years and processed the same under Section 143(1)(a) of the Income Tax Act, 1961, however, charged interest under sections 234A, 234B and 234C on the returned income for all four years as follows: Year Date of intimation u/s.143 (1)(a) Sec. 234A Sec. 234B Sec. 234C Total 1993-94 8/9/99 94,229/- 1,04,102/- 5,838/- 2,04,169/- 1994-95 8/9/99 72,418/- 84,708/- 6,644/- 1,63,770/- 1995-96 1/11/00 49,745/- 61,112/- 5,083/- 1,15,940/- 1996-97 11/2/99 9,589/- 12,984/- 4,640/- 27,213/- THE petitioner being aggrieved towards the charge of interest for submitting the belated returns, filed an application for waiver on 5.1.2001 and claimed relief under Notification No.F.No.400/234/95-II(B), dated 23.5.1996. THE said petition was rejected by the order of the first respondent dated 9.11.2005 and therefore the same is challenged in these writ petitions by contending that the said notification dated 23.5.1996 has not been applied properly in the petitioner's case and waiver of interest ought to have been granted.