JANKI SAO (HUF) MATHURIA MOHALLA Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF FINANCE, DEPTT. OF REVENUE, CENTRAL SECRETARIAT

JUDGEMENT

(1.) This writ petition is directed against the order dated 30.3.1994 (Annexure-2), passed by the Settlement Commission(IT & WT), Additional Bench, Calcutta, whereby the returns submitted by the petitioner under the provisions of Sec. 245 C of the Income-tax Act 1961 (hereinafter referred to as the "Act"), has been disposed of. The petitioner raises a grievance with respect to the interest imposed on him.

(2.) We have perused the materials on record and considered the submissions of the learned counsel of the parties. The present proceedings relate to the assessment years 1987-88, 1988-89, 1989-90, 1990-91 and 1991-92. The petitioner is an agriculturist, cultivated potatoes, and was also Director of M/s Janki Cold Storage (P) Ltd., situate in the district of Nalanda. The petitioner had submitted his returns under the Act. The Commission disposed of the same on merits by the impugned order. The petitioner does not raise grievance with respect to the order of assessment except the following portion of the order whereby interest has been imposed on him:-

(3.) Learned counsel for the petitioner submits that the question whether or not the petitioner is in the facts and circumstances of the case liable for payment of interest has not been considered by the Commission. It is, therefore, submitted that the relevant circular providing such remission may be considered and appropriate relief by way of non-payment of, or reduction in, interest may be granted to the petitioner. He relies on the judgment of the Constitution Bench of the Supreme Court in the case of Commissioner of Income-tax Vs. Anjum M.H. Ghaswala and others(2001) 252 ITR I. He has also placed before us the relevant circulars issued by the Central Board of Direct Taxes which, in his submission, have been ignored.