JUGALKISHORE CHANDAK Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioner, who is an assessee under the Income-tax Act, 1961 (hereinafter referred to as "the Act"), made an application in respect of the years 1968-69 and 1969-70 for waiver of penalty leviable under Section 271(1)(a), interest charged under Sections 139(8) and 217 and penalty leviable under Section 273(b).

(2.) THE Commissioner of Income-tax, by his order dated February 23, 1981, a copy whereof has been filed as annexure-B to the writ petition, waived the penalty leviable under Section 271(1)(a) of the Act. He, however, dismissed the application in so far as the prayer for waiver of interest charged under Sections 139(8) and 217 and penalty leviable under Section 273(b) was concerned on the ground that the petitioner had not complied with the condition precedent contained in Clause (c) of Sub-section (1) of Section 273A of the Act. Aggrieved by that order, the petitioner made an application for rectification under Section 154 of the Act which was dismissed by the Commissioner of Income-tax by his order dated September 10, 1981, on the ground that Section 273A was outside the purview of Section 154 of the Act. It is these orders which are sought to be quashed in the present petition.

(3.) THE provision which is relevant for purposes of the present writ petition is Section 273A(1)(iii)(c) of the Act. It reads as hereunder :