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1992 (1) TMI 73

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..... Act, 1961 ("Act" for short), for the assessment years 1974-75 to 1976-77. He levied interest under section 139(8) and section 217 of the Act for the assessment year 1981-82. So far as the assessment year 1985-86 was concerned, he levied interest under section 139(8) and section 217 of the Act. There is nothing on record to indicate whether any penalty was levied on the petitioner under section 217(1)(a) and section 273 of the Act for the assessment years 1981-82 and 1985-86. The petitioner made common application under section 273A of the Act for waiver of penalty and interest levied for the aforesaid assessment years to the Commissioner of Income-tax, Vadodara ("Commissioner" for short). The Commissioner was of the view that relief under .....

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..... t as follows (at page 207) : "The Commissioner has been empowered to reduce or waive the amount of penalty imposed or imposable on a person under section 271(1)(i) for failure, without reasonable cause, to furnish the return of total income which he was required to furnish under sub-section (1) of section 139 or to reduce or waive the amount of interest paid or payable under sub-section (8) of section 139 or section 215 or section 217 or the penalty imposed or imposable under section 273. So far as reduction or waiver of amount of penalty imposed or imposable under section 271(1)(i) is concerned, a person seeking reduction or waiver of penalty has to satisfy the Commissioner that he has, prior to issue of notice to him under sub-section ( .....

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..... penalty and/or interest for one or more assessment years and, by one common order, waive penalty and/or interest for one or more assessment years. However, once an order waiving penalty and interest in respect of one or more assessment years is made in respect of an assessee, no order granting such relief for any other assessment year can be made in favour of the same assessee." In view of the said decision, it must be held that the respondent Commissioner was not right in taking the view to the effect that the power to give relief under section 273A could be exercised only in respect of one year. This petition must, therefore, succeed. In the result, we allow this petition and direct the respondent Commissioner to decide the applicatio .....

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