TaxTMI 
TaxTMI 
2013 (2) TMI 398
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.... 2. In CWP No.14724 of 1993, the petitioner was co-owner of agricultural land measuring 9 bighas 14 biswas situated in the revenue estate of Village Barewal, District Patiala. The said land was acquired by the State Government on 12.10.1979 and the compensation was determined by the Land Acquisition Collector. The petitioner challenged the award before the District Judge, Patiala. Compensation was enhanced to Rs. 96,800/- per acre. On further appeal, the amount of compensation was enhanced to Rs. 2,42,000/- per acre by this Court vide judgment dated 7.10.1988. Aggrieved by the judgment, the State of Punjab filed LPA No.248 of 1989 in this Court which was dismissed on March 8, 1989. The petitioner received compensation from July to November ....
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....iled on 18.5.1990, thus, there was reasonable cause for delay for the period upto 30.11.1988 and for the remaining period, there was no proper justification for delay in filing the returns. The Commissioner, thus, waived interest under Sections 139(8) and 217 of the Act upto 30.11.1988 only. Hence these petitions. 3. Learned counsel for the petitioners submitted that the enhanced compensation and interest thereon was received and it was on that basis that the returns were filed for the earlier years and since the assessees had not known the exact amount of enhanced compensation and the interest in those years, charging of interest under Sections 139(8) and 217 of the Act in toto should have been waived. He placed reliance upon a Division B....
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....2, held that the following five conditions are required to be fulfilled:- "1) that the returns were filed by the petitioner prior to the issuance of a notice to her under sub-section (2) of section 14 of the Act; 2) that these were filed voluntarily and in good faith; 3) that the petitioner had made full and true disclosure of her net wealth; 4) that she had cooperated in the inquiry relating to the assessment of her net wealth; and 5) that she had paid or made satisfactory arrangements for the payment of the tax or interest payable in consequence of an order passed under the Act in respect of the relevant assessment years." 6. Further, this Court while delving into the scope of Section 273A of the Act in Shanti Sarup Sh....