KAKARLA KRISHNAMURTHY Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) By this common order Writ Petns. Nos. 3927 and 3936 of 1989 are disposed of because of the commonality of the question of law and similarity of facts.

(2.) By these writ petitions, under Art. 226 of the Constitution of India, the petitioners seek for an appropriate writ or direction in the nature of a writ of mandamus directing the respondent to waive fully the interest levied for the asst. yrs. 1985-86 and 1986-87 and for any further direction in the interest of justice.

(3.) Having regard to the limited scope of the writ petitions, it is not necessary for us to traverse at length the facts of the cases. Suffice it to say, that, on 31/03/1987, the petitioners submitted IT returns under the amnesty scheme for the asst. yrs. 1985-86 and 1986-87 showing agricultural income and income other than from agriculture and, on 16/04/1987, the ITO passed the assessment orders under s. 143(1) of the IT Act, 1961 (hereinafter referred to as "the Act"), accepting the income as shown in their respective returns for the aforementioned years. It appears that some enquiry was later initiated against them and anticipating the result of the enquiry against them both the petitioners, who are father and son, submitted revised returns for the aforementioned assessment years.