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Arun Sunny Versus Chief Commissioner of Income Tax, Deputy Commissioner of Income Tax

2016 (5) TMI 74 - KERALA HIGH COURT

Waiver of levy of interest u/s 234B - Application made u/s 119(2)(a) before CCIT - Chief Commissioner Income Tax Rejected the application on the ground that there is no way to escape from that legal position - Held that:- The plea on behalf of the appellant that Ext.P3 (b) does not evidence an order under Section 119 (2)(a) is unsustainable for reasons more than one. Ext.P3(b) is an order shown to have been issued by the Central Board of Direct Taxes; 'CBDT' hereinafter; in exercise of the power .....

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There is no way to escape from that legal position. Hence, we repel the plea of the appellant that it is not Ext.P3(b) that would apply.

That Ext.P3(b) order of CBDT was communicated to the Chief Commissioner of Income Tax, Kochi, is beyond any pale of doubt because what the appellant has produced as Ext.P3(b) is nothing but the photostat copy of what would be available in the Office of the Chief Commissioner of Income Tax, Kochi. We cannot but infer so since Ext.P3 (b), at the top of .....

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ncome Tax Act, 1961. An "equitable remedy" cannot be carved out in defeasance of; and eroding the statutory situation. No such plenary power rests with the High Court to criss-cross the impact of the relevant fiscal statutory provisions; more so since, in law, equity would be subservient to; and, cannot override; statute.

For the foregoing reasons, we find no factual or legal infirmity in the impugned judgment warranting interference through this intra-court appeal under Section 5 of .....

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119(2) (a) of the Income Tax Act, 1961; 'Act' for short. 2. Appellant sold an item of property. The computation of capital gains referable to that transaction resulted in an assessment order, leading to, among other things, consequential levy of interest under section 234B of the Act. He applied before the Chief Commissioner seeking waiver of interest so levied. That was turned down. It stands confirmed by the learned single Judge through the impugned judgment. 3. It is pleaded on behal .....

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. It is argued that, hence, the appellant was entitled to waiver of interest as sought for by him. Reliance is placed on Ext.P3 (a) to denounce the legal effect of Ext.P3(b) as a notification under Section 119(2)(a) of the Act. To buttress the plea that he was entitled to an order in his favour at the hands of the Chief Commissioner, the appellant attempted to show that there are intrinsic distinctions between the terms of Exts.P3(a) & P3(b). 4. Per contra, the learned standing counsel for t .....

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is not one on account of any dispute with respect to the legal position that the assessee failed to pay the tax on long term capital gains. For the reasons stated in paragraph 12 of the impugned judgment, the learned single Judge held that the assessee's case is not an instance where the return of income was not filed, due to unavoidable circumstances, which is the context taken into account by clause 2(d) of the notification and that the assessee had filed a return disclosing the sale of la .....

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d under clauses 2(a) of Section 119 of the Act. It is wholly unacceptable to say that it is not an order under that provision but only a communication, unless, of course, reliable cogent material is produced by the appellant to denounce the credibility of Ext.P3(b). That document expresses the decision of the CBDT and contains directions to the Chief Commissioners and Directors General of Income Tax requiring compliance of the decision contained in that order. It is a statutory order. There is n .....

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