YOGENDRA KUMAR DURLABHJI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for the issue of a writ, direction or order in the nature of mandamus, certiorari or prohibition or any other writ, direction or order quashing and setting aside the order dated November 7, 1990, passed by the Commissioner of Income-tax, Jaipur, under Section 273A of the Income-tax Act, 1961 (for short "the Act"). By his said order, the learned Commissioner, in his discretion, refused to waive interest charged by the Income-tax Officer under Sections 139(8) and 215/217 of the Act for the assessment year 1986-87 relevant to the previous year ended on March 31, 1986.

(2.) THE petitioner is an income-tax assessee being assessed in individual status. THE main source of his income is from the share in K. S. Durlabhji, a partnership firm, dealing in precious and semi-precious stones at Jaipur. THE petitioner derives some income from interest and other sources and is also one of the trustees of a charitable trust known as "Durlabhji Trust for Development, Jaipur" settled on August 28, 1985, by Sri Khail Shankar Durlabji, the late father of the petitioner. THE said trust is duly registered under Section 12A of the Act with the Commissioner of Income-tax and its income is exempt from tax under Section 11 of the Act. It is assessed in the status of association of persons (AOP).

(3.) AFTER having thoughtfully considered the arguments advanced by learned counsel for the parties before me and on consideration of the facts and circumstances of the case I am of the opinion that this petition under Article 226 of the Constitution of India is totally misconceived and hence deserves to be dismissed as such.