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2015 (12) TMI 402 - PUNJAB & HARYANA HIGH COURT

2015 (12) TMI 402 - PUNJAB & HARYANA HIGH COURT - TMI - Waiver of interest charged under Sections 234A and 234B seeked - Held that:- 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 hav .....

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espondent No.1 which may warrant interference by this Court. The discretion had been rightly exercised by respondent No.1 and no error could be pointed out in the impugned order dated 9.10.2014 (Annexure P-15). - Decided against assessee. - CWP No. 22759 of 2015 - Dated:- 2-11-2015 - Mr. Ajay Kumar Mittal And Mr. Ramendra Jain, JJ For the Petitioner : Mr. Sudhanshu Makkar, Advocate ORDER AJAY KUMAR MITTAL, J. 1. In this writ petition filed under Articles 226/227 of the Constitution of India, the .....

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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 .....

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see accepted the payment of compensation amount of ₹ 2,99,112.20 under protest. Being dissatisfied with the award, the assessee filed a reference under Section 18 of the 1894 Act. The said reference was decided by the District Judge, Bhiwani vide award dated 14.10.1993 (Annexure P-1) who enhanced the amount of compensation to ₹ 125 per square yard. Besides this, the landowners were held entitled to recover 30% solatium on the amount increased along with interest at the rate of 9% per .....

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xures P-3 to P-5, respectively) reduced the enhanced rate of ₹ 125/- to ₹ 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 ₹ 74,981/- and ₹ 2,24,943/- on .....

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on 12.11.2002, the assessee filed revised returns on 23.1.2003 for all these assessment years by reducing the income by 20% approximately. For the assessment year 1990-91, the original return was filed on 23.1.2003. The Assessing Officer vide assessment orders dated 23.1.2003 (Annexure P-9 Colly) calculated the total amount of interest on enhanced compensation at ₹ 26,77,877/- for the assessment years in question and after reducing 20%, it was determined at ₹ 21,81,710/-. Accordingly .....

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g of the returns. The assessee filed applications dated 7.1.2004 (Annexure P-12 Colly) before respondent No.1 for waiver of interest in terms of CBDT notifications dated 2.5.1994 (Annexure P-10) and dated 23.5.1996 (Annexure P-11). When no action was taken, the assessee sent reminders dated 6.1.2006 (Annexure P-13) and 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 .....

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as issued to the assessee on 29.5.2001 and, therefore, the assessee was prevented by reasonable cause not to furnish the returns within time due on account of unavoidable circumstances. The assessee was, thus, held entitled to waiver of interest charged under Section 234A of the Act upto 31.5.2001 for the assessment years 1988-89 to 1996-97. The relevant portion of the order reads thus:- 6.1. As mentioned above, the TDS Certificate was issued to the assessee on 29.05.2001. Thus, there is merit i .....

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s issued is covered under para 2 (e) of the CBDT Notification dated 23 May, 1996. Sr. No. Asstt. Year From To 1. 1988-89 July 1988 May 2001 2. 1989-90 July 1989 May 2001 3. 1990-91 July 1990 May 2001 4. 1991-92 July 1991 May 2001 5. 1992-93 July 1992 May 2001 6. 1993-94 July 1993 May 2001 7. 1994-95 July 1994 May 2001 8. 1995-96 July 1995 May 2001 9. 1996-97 July 1996 May 2001 7. To conclude, for the asstt. years 1988-89 to 1996-97 interest charged u/s 234A of the I.T. Act is waived till 31.05.2 .....

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ssee 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 the assessee entitled to waiver of interest charged under Section 234B of the Act for the assessment years 1988-89 to 1995-96 upto 29.2.1996, with the following observations:- 6. The facts of the assessee's case have been considered in the light of the Notificatio .....

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