D SRINIVASAN CHETTIAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of the Commissioner made under Section 273A(1) of the Income-tax Act, 1961, rejecting the petitioner's prayer for waiver of interest levied under Sections 159 and 217 of the Act for the assessment years 1985-86 to 1988-89, both years inclusive.

(2.) THE reasons given by the Commissioner in his own words are :

(3.) THE disclosure made in this case in the returns for the earlier years, and the submission of the revised return for one of those years cannot be regarded as entirely voluntary, as it is obvious that such returns would not have been filed at all had the Income-tax Officer not called upon the petitioner to explain the discrepancy in his account books for the year 1990-91 and the unexplained cash credit of Rs. 1,89,000 in that year. It was to the advantage of the petitioner to show the portions of that amount as income for the earlier years, for which purpose, returns were filed long after the period within which such returns should have been filed.