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2018 (2) TMI 515

Head Note:
Reduction or waiver of interest u/s 234A, 234B and 234C - rectification of mistake - Held that:- In the present case, the notice u/s 142(1) of the Act was issued by the ITO on 19.8.2002 calling for return of income by 26.8.2002. Thereafter, again the notices were issued on 9.9.2002 and 17.10.2002. Thus, it cannot be said that the return could not be filed due to unavoidable circumstances. In totality, the petitioner’s case is not covered in any of the Paragraphs of the Circular dated 26.6.2006 issued by the CBDT.

Moreover, the judgment relied upon by learned Counsel for the petitioner, which was rendered by the Hon. Apex Court in the matter of ‘B.M. Malani v. C.I.T.’ [2008 (10) TMI 2 - SUPREME COURT ], is not applicable in view of the present facts and circumstances of the case. In that case, the appellant had requested the appellate authority to sell shares and securities seized from him and appropriate the sale proceeds towards payments of arrears of taxes.

In the present case, there is no mistake apparent from the record, as discussed hereinabove.


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