9911796707
TMI Blog2015 (12) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... d 234B of the Income Tax Act, 1961 (in short "the Act") for the assessment years 1988-89 to 1996-97 has been partly declined by respondent No.1 in exercise of its powers under Section 119 (2)(a) of the Act. 2. A few facts relevant for adjudication of the instant petition as narrated therein may be noticed. Smt. Sunder Bai, the predecessor-ininterest of the petitioner, was an assessee of the Income Tax Department and she had expired on 7.9.2008. She is being represented by her legal heir-Ram Niwas, the petitioner herein. The assessee was owner in possession of the land measuring 29 kanal 9 marlas, situated within the revenue estate of village Bhiwani Lohar, Tehsil and District Bhiwani. Government of Haryana vide notification dated 4.6.1986 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enhanced rate of Rs. 125/- to Rs. 79.98 per square yard. Some of the landowners challenged the order, Annexure P-5, passed by this Court before the Supreme Court and the Apex Court vide order dated 12.11.2002 (Annexure P-6) passed in Civil Appeal No. 7139 of 2001 upheld the order of this Court. The Land Acquisition Collector issued Form 16-A on 22.5.2001 (Annexure P-7) after deducting TDS amounting to Rs. 74,981/- and Rs. 2,24,943/- on 3.12.1995 and 29.2.1996, respectively. Thereafter, the Assessing Officer issued notices dated 22.5.2001 and 19.3.2002 (Annexure P-8 Colly) under Section 148 of the Act for the assessment years 1988-89 to 1996-97 to the assessee for filing the returns. In pursuance thereto, the assessee filed returns on 29.1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 24.10.2009 (Annexure P-14). Respondent No.1 vide order dated 9.10.2014 (Annexure P-15) waived off the interest charged under Section 234A of the Act for the assessment years 1988-89 to 1996-97 till 31.5.2001 and the interest under Section 234B of the Act has been waived off for the period upto 29.2.1996 only. Hence, the present writ petition. 3. After hearing learned counsel for the petitioner, we do not find any merit in the writ petition. 4. The matter here relates to waiver of interest charged against the assessee under Sections 234A and 234B of the Act. 5. Respondent No.1 while waiving of interest under Section 234A of the Act noticed that the TDS certificate was issued to the assessee on 29.5.2001 and, therefore, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till 31.05.2001. Interest charged u/s 234B of the IT Act is waived for the period up to 29.02.1996. The Assessing Officer is directed allow relief accordingly." 6. Interest charged under Section 234B of the Act was waived by respondent No.1 as the enhanced compensation and interest thereon was received by the assessee much after the due date for depositing the advance tax and for furnishing the returns of income for the assessment years 1988-89 to 1996-97. It was recorded that in such circumstances, the assessee could not have anticipated or determined the interest income that had accrued to him under the orders of the Land Acquisition Court prior to disbursement by HUDA on 13.12.1995 and 29.2.1996. On that basis, respondent No.1 held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 29.02.1996. Therefore, the assessee is entitled to waiver of interest charged u/s 234B of the IT Act upto 29.02.1996, as under:- Sr. No. Asstt. Year From To 1. 1988-89 01.04.88 29.02.96 2. 1989-90 01.04.89 29.02.96 3. 1990-91 01.04.90 29.02.96 4. 1991-92 01.04.91 29.02.96 5. 1992-93 01.04.92 29.02.96 6. 1993-94 01.04.93 29.02.96 7. 1994-95 01.04.94 29.02.96 8. 1995-96 01.04.95 29.02.96 7. Learned counsel for the assessee-petitioner could not demonstrate that there existed any illegality or perversity in the approach of respondent No.1 which may warrant interference by this Court. The discretion had been rightly exercised by respondent No.1 and no error could be point ..... X X X X Extracts X X X X X X X X Extracts X X X X
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