TMI Blog1987 (9) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessments were made by the Income-tax Officer on December 31, 1980. The assessment orders also provided for issue of notices under section 271(1)(a) and section 273(b) of the Income-tax Act for the three assessment years, namely, 1977-78, 1978-79 and 1979-80. The petitioner thereafter moved an application dated October 24, 1981, for waiver of penalty and interest on the ground that he had submitted returns voluntarily prior to the issue of notice and, therefore, was entitled for the benefit under section 273A of the Income-tax Act. The application was rejected by the Commissioner of Income-tax as indicated earlier. A true copy of the order passed by the 'Commissioner of Income-tax has been filed as annexure-3 to the writ petition. The Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CWT v. Kundan Lal Behari Lal's case [1975] 99 ITR 581, which shows that a similar provision under section 18 of the Wealth-tax .Act, 1957, as it then stood, provided for waiver or reduction of penalties in certain cases. It may be pointed out that new provisions of sub-sections (2A) and (2B) of section 18 have been incorporated in section 18B by subsequent amendment. It provided for waiver or reduction of penalty if, prior to the issue of notice, the assessee voluntarily and in good faith made full and true disclosure of his net wealth. Clause (a) of sub-section (1) of section 273A of the Income-tax Act also provides for reduction or waiver of penalty if the assessee submits the return voluntarily and in good faith prior to the issue of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of the correct person. Therefore, even if the petitioner had not received the notice as allegedly reported by the process server, this would not be a circumstance against the petitioner. Therefore, the order of the Commissioner of Income-tax dated March 30, 1982, contained in annexure-3 to the petition is liable to be set aside and the matter will have to be reconsidered by the Commissioner of Income-tax in the light of the provisions contained under section 273A of the Income-tax Act and the observations made in the judgment. Learned counsel for the petitioner has also drawn our attention to the fact that the notice which was issued on December 19, 1980, and was served upon the petitioner was only in respect of the assessment year 197 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
