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2003 (10) TMI 37 - PUNJAB AND HARYANA HIGH COURTOrder passed by Commissioner u/s 273A - Delay in filing the returns - ITO initiated penalty proceedings under section 271(1)(a) - The petitioner then moved an application under section 273A before the Commissioner of Income-tax with a prayer that the penalty imposable u/s 271(1)(a) and interest chargeable u/s 139(8) or under any other provision of the Act be waived - Commissioner came to the conclusion that even though the conditions set forth in section 273A stood satisfied yet, according to him, it was a fit case for reduction rather than waiver of the penalty - grievance of the petitioner is that once the Commissioner was satisfied that the requirements of section 273A(1)(a) were satisfied, he should have waived the penalty instead of reducing the same by 50 per cent - impugned order shows that the Commissioner has not recorded any reasons whatsoever and in the absence of any reasons, one can only hold that the order passed by him is arbitrary
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