TMI Blog2008 (8) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... complied with all other elements as required merely because the interest was not paid thus the rejection of application solely for failure to pay interest was not correct. - 3355 of 2001. - - - Dated:- 22-8-2008 - ANOOP V. MOHTA, PANGARKAR C. L. JJ. C.J. Thakkar for the petitioner. S. Jaiswal for the respondent. JUDGMENT The judgment of the court was delivered by Anoop V. Moh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessed but not paid interest as an application was filed for waiver of the interest. The respondent, however, by order dated May 24, 2001, rejected the petitioner's application. 3. This court in Writ Petition No. 311 of 1996 (Vasantbhai Jethalal Lathiwala v. CIT [2010] 325 ITR 41) elaborated the scheme and purpose of section 273A of the Income-tax Act in paragraph Nos. 7, 9, 11 and 13 as under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons and the conditions precedent for the exercise are well defined, there is a duty to exercise such power and on failure to perform that duty, courts are not only empowered but are duty bound to interfere. In the instant case, refusal to exercise discretion is for no other reason than misconception of the scope of the power and hence a writ of mandamus can be issued directing the Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er as a one-time measure can grant relief with regard to any number of assessment years based upon the section 273A(3) of the Act . . . . It is necessary for the Commissioner to take into consideration all the material available on the record (Sangram Singh Mehta v. ITO [2008] 296 ITR 483 (Raj))." 4. In the present case as the section itself provides that such an assessee can apply for waiver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case. Therefore, we are of the view that there were no notices served before the voluntary disclosure of the income by the petitioner. Taking all these aspects into account, we are of the view that the impugned order dated May 24, 2001, for the assessment years 1983-84 to 1985-86 as restricted, needs to be quashed and set aside, the respondents to pass order after giving full opportunity of hea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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