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2016 (3) TMI 598 - MADRAS HIGH COURT

2016 (3) TMI 598 - MADRAS HIGH COURT - TMI - Waiver of interest levied under Sections 234A, 234B and 234C denied - non payment of taxes - Held that:- In the case on hand, the petitioner has stated that his accounts were being taken care by his father, who died in the year 1991, but the Voluntary Disclosure of Income Scheme came into force in the year 1997 only. Therefore, by stating that his father was looking after the tax affairs of the petitioner and that there was strained relationship betwe .....

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Y, J For the Petitioner: Mr.Muthappan For the Respondents : Mr.T.Ravikumar, Senior Standing Counsel ORDER The petitioner has filed the above Writ Petition to issue a writ of certiorarified mandamus to call for the orders passed by the 1st respondent dated 31.03.2004 for the assessment years 1991-92 to 1995-96 and to quash the same and to direct the 1st respondent to waive the interest levied under Sections 234A, 234B and 234C of Income Tax Act 1961. 2.It is the case of the petitioner that his fa .....

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had written a Will appointing R.Krishnan, Chartered Accountant as Executor of the Will. However, the Will was not probated by the Executor, which led to series of disputes among the family members in relation to the property matters. The Chartered Accountant also failed to prepare the statement of accounts and did not submit the returns for the aforesaid period. According to the petitioner, there was dispute between him and his brother and his brother had turned against him. Due to the strained .....

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he was not empowered to grant waiver. 3.The learned counsel appearing for the petitioner, in support of his contentions, relied upon the unreported judgment dated 27.02.2007 made in W.P.No.19996 of 2003 [M/s.N.Haridas and Co., 4/2, Mandapan Cross Road, Kilpauk, Chennai -10] wherein a Division Bench of this Court had set aside the impugned order by which the respondent Income Tax Department refused to grant waiver of interest. 4.The learned counsel appearing for the respondents submitted that und .....

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Commissioner of Income Tax Vs. Anjum M.H.Ghaswala & Ors.] wherein the Hon'ble Supreme Court held that interest for default in furnishing return of income, default in payment of advance tax and interest for deferment of advance tax are mandatory in nature. 6.On a perusal of the judgment relied upon by the learned counsel for the petitioner made in W.P.No.19996 of 2003 [M/s.N.Haridas and Co., 4/2, Mandapan Cross Road, Kilpauk, Chennai -10], the Managing Partner of the petitioner Firm fell .....

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