TMI Blog1998 (9) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 139 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the assessment years 1981-82 and 1982-83. The returns for the two years were filed on March 7, 1983, and on subsequent dates. The reason put forth by the assessee for the delay is that there was a raid in the premises of the petitioner by the Income-tax Department on May 5, 1977, which caused delay in filing the retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the returns between the assessment years 1977 and 1981 constituted sufficient cause for waiver of interest. The Commissioner has also found that the demise of a partner in 1978 could not be regarded as a relevant factor for excusing the delay in filing the return for the year 1981-82. The order passed by the Commissioner cannot be regarded as arbitrary or having failed to take into account the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment years 1984-85 and 1985-86. The order does not give reasons for the waiver. From the petition filed by the assessee for waiver, it is found that the other partner, V. D. L. Subbiah, died in the year 1985. It is apparent that it is that fact which had weighed with the Deputy Commissioner in granting waiver for those two years. That waiver has no bearing on the assessee's request for waiver ..... X X X X Extracts X X X X X X X X Extracts X X X X
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