2003 (4) TMI 89

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..... he ends of justice the assessee can be granted relief as regards waiver of interest and penalty or he cannot be allowed, to prevent abuse of process of law. The flavour of section 273A speaks for the same. The provision of such section cannot be said to be reviewed simplicitor nor it speaks so. It is a comprehensive section to provide justice to an assessee upon considering all aspects of the matt .....

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..... of interest and penalty could have been granted by such authority but it failed to grant so. Earlier no tax has been paid and for the same it was not granted but since subsequently tax has already been paid there cannot be any embargo in considering the matter on the merits as regards waiver of interest and penalty under section 273A of the Income-tax Act, 1961. The definition of the section spea .....

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..... aks for the same. The provision of such section cannot be said to be reviewed simplicitor nor it speaks so. It is a comprehensive section to provide justice to an assessee upon considering all aspects of the matter. The intention of the Legislature is to give maximum number of rooms to an assessee under the fiscal statute so that no question of unjust enrichment can arise. If, today, this court ig .....

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