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TMI Blog2020 (5) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the challenge only to the orders relating to the assessment year 2010-11. 2. The petitioner is an individual engaged in pawn broking business at Mysore. On 16.2.2010, the Income Tax Department conducted a survey under Section 133A of the Act and in the statements recorded, the petitioner had admitted certain amounts as unaccounted. Assessments were concluded under Section 143(3) of the Act on 22.3.2013 relating to the assessment year 2010-11 levying interest under Section 234A, 234B and 234C of the Act. The petitioner had filed an application under the Board's Circular in F.No.400/29/2002-IT(B) for waiver of the interest before the Chief Commissioner of Income Tax, Bengaluru, on 19.6.2013. The respondent-CCIT declined to waive of the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee. Learned counsel would submit that the phrase "or otherwise" in clause 2(a) of the instructions of CBDT requires to be applied even to the proceedings of survey under Section 133 of the Act. Clause 2(d) of the said circular dated 26.06.2006 was also referred to. Reliance is placed on the following judgments: 1. P.S.Seshadri Vs. The Chief Commissioner of Income Tax passed in W.P.No.42424/2012 (D.D.2.7.2013) confirmed in Writ Appeal No.5442/2013 (D.D.1.8.2014). 2. M/s. Lakshmi Stone Crushing Industries Vs. The Income Tax Officer passed in ITA No.448/2009 (D.D.3.2.2015) 3. Bhanuben Panchal and Chandrikabel Panchal Vs. Chief Commissioner of Income Tax (Spl. Civil Application No.17705 of 2003) 5. Learned counsel for the revenue submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the Chief Commissioner/Director General is satisfied, having regard to the facts and circumstances of the case, that the delay in furnishing such return of income cannot reasonably be attributed to the assessee." "2(d) Where a return of income could not be filed by the assessee due to unavoidable circumstances and such return of income is filed voluntarily by the assessee or his legal heirs without detection by the assessing officer. " 8. The contents of paragraph 2(a) has to be read as a whole not in isolation. A comprehensive reading of the said clause 2(a) would indicate that seizure of books of account and other incriminating documents is mandatory to attract the same. The proceedings for search and seizure under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same is not applicable to the facts of the present case. 11. In the case of Bhanuben Panchal and Chandrikabel Panchal Vs. Chief Commissioner of Income Tax, supra, the High Court of Gujarat while examining the waiver of interest in the context of the death of the husband of the petitioner who was in a senile condition prior to his death, held that the delay caused in filing the returns on account of the delay in arranging for funds, would also qualify to be considered as unavoidable circumstances responsible for the delay in late payment of taxes and accordingly, waiver of interest would be granted to the extent of 75%. 12. In the circumstances, utmost, the delay caused in filing the return if to be attributed to the impounding o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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