A KUBERAN Vs. CHIEF COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Heard Mr.J.Balachander, learned counsel for the petitioner, Mr.A.P.Srinivas, learned Special Government Pleader appearing on behalf of the respondent.

(2.) The writ petition has been filed by the assessee challenging an order passed by the respondent dated 15.04.2005 under Section 119 (2) (a) of the Income Tax Act 1961 [for short "the Act"]. This order has been passed based on the application filed by the petitioner dated 29.11.2001, requesting for waiver of interest charged under Sections 234A, 234B and 234C of the Act, amounting to Rs.12.30 lakhs for assessment years 1989-90 and 1990-91.

(3.) Before I consider as to whether the petitioner is entitled for waiver, the following facts should be taken note of. The assessee has given a statement on oath under Section 132(4) during the course of Search under Section 132 in the premises connected with the petitioner. Disclosure was made only after detection pursuant to the search. Therefore, it is clear that the petitioner's disclosure is not a voluntary disclosure before the Department. The sworn statement was recorded on 17.08.1990 and subsequently, the Assessing Officer issued notice under Section 148 of the Act on 19.08.1991. The Assessee did nothing thereafter, but it appears that after several notices were issued, the Assessee filed return on 07.01.1994 and subjected for assessment. In the background of the conduct of the Assessee it has to be seen as to whether the Assessee is entitled to the waiver of the statutory interest payable under Sections 234A, 234B and 234C of the Act.