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2004 (2) TMI 26 - HC - Income TaxCIT, declining to consider the application of the petitioner filed under section 273A, seeking waiver of penalty and interest levied against the petitioner - it is not in dispute that on the date on which returns were filed, no notice was issued to the assessee regarding non-filing of returns for the assessment years in question. It is also not in dispute that the disclosure of income made by the assessee has been accepted by the income-tax authorities as full disclosure of income and the assessments have been made as per the returns filed by the assessee - It is not the case of the Revenue that the assessee had suppressed the fact - We quash and set aside the order of the Commissioner of Income-tax passed under section 273A, and remand the matter back to the Commissioner of Income-tax to decide the application regarding reduction or waiver of penalty and interest on the merits on the footing that all the pre-conditions for grant of waiver of penalty and interest contemplated under section 273A of the Income-tax Act are complied with by the assessee.
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