SATISH KAPUR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This is an appeal filed against the judgment and order passed on November 28, 2001, by the learned single judge deciding the Writ Petition No. 428 of 1997 (Satish Kapoor v. CIT [2002] 255 ITR 93).

(2.) The facts relevant for the present purpose in brief are that the late Bisnu Narayan Kapur was regularly assessed under the Income-tax Act. After his death as a bachelor on March 22, 1992, leaving behind him the writ petitioner as one of his legal heirs, it was detected that some of the investments of the deceased assessee had not been disclosed by him in his return and, therefore, the petitioner voluntarily filed returns for the concerned assessment years 1984-85 and 1987-88 to 1990-91 making complete and true disclosure of the income of the deceased assessee and also paid tax on the said income. On the application filed by the writ petitioner for reassessing the income, in course of the assessment proceeding, the petitioner was informed that some small amount of income for the assessment years 1983-84, 1985-86 and 1986-87 had not been disclosed and the petitioner was asked to file returns for the said assessment years also and to pay the taxes.

(3.) On August 20, 2002, the petitioner made an application in respect of the assessment years 1984-85 and 1987-88 to 1990-91 for waiver of penalty leviable under Section 271(1)(c)(iii) and interest payable under the said Act The said application was filed under Sub-section (1) of Section 273A of the Act.