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TMI Blog2024 (3) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... position as it stood prior to the passing of High Court's order. 2. In the first round, the brief facts which need to be noticed are that the petitioners had preferred civil writ petition No. 3537 of 2003 before this Court praying for allowing waiver of the interest amount as assessed already and charged under Section 234A, 234B and 234C of the Income Tax Act, 1961 for non-submission of assessment of income tax returns for the period from 1991 upto 2000. Land of Late Megh Raj, predecessor-in-interest of the petitioners measuring 33 acres and 10 marlas was acquired by Government of Haryana, vide notifications dated 07.02.1986 and 18.02.1987 and an award was passed on 27.08.1987. Compensation so awarded was enhanced by Addl. District Judge, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d had signed Form 15H as asked by the Bank Manager without knowing what its contents were. Similar reply was sent by his Chartered Accountant on 3.10.2000. Respondent No. 1 also overlooked the fact that the Assessing Officer had strongly recommended for waiver of interest. In our opinion, non-consideration of these factors has the effect of vitiating the conclusion recorded by respondent No. 1 that the assessee had furnished incorrect particulars in Form 15-H. We are also inclined to agree with the learned counsel for the petitioners that filing of incorrect particulars in Form 15-H cannot lead to an inference that Sh. Megh Raj had deliberately tried to mislead the authorities and wanted to avoid payment of tax or to filed the return in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advance tax. He submits that the said interest ought to have been made as the circumstances satisfied that to recondition as required for waiver in terms of CBDT circular dated 23.05.1996, mainly that the return of the income could not be filed due to unavoidable circumstances and the return of the income was filed voluntarily without there being a detection by the Assessing Officer. 5. Per contra, learned counsel for the department has submitted that as the returns of the income were filed by the concerned assessee only after he was informed of non-filing of the returns, the same would amount to have been detected by the Assessing Officer and therefore, the benefit of the notification issued by the CBDT dated 23.05.1996 cannot be applied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Act while in layman knowledge the detection would be coming to know of a particular aspect alone, but in terms of Income Tax Act, the provisions of Sections 142 and 148 of the Act of 1961 would come into play i.e. where there is a evasion on the part of any assessee which comes to the knowledge of the Assessing Officer and he initiates proceedings by issuing notice under Section 142(1) of the Act of 1961 that it can be said that the Assessing Officer has detected such an action of evasion of tax. It is also noticed and admitted position that till the date, petitioner Megh Raj filed his returns and deposited the tax, no notice under Section 142 of the Act of 1961 was issued nor any notice under Section 148 of the Act of 1961 was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the citizen is ready to deposit and immediately deposit the tax upon coming to know of his liability, it cannot be said that he has deliberately or willfully evaded the depositing of tax and the interest in terms of Section 234A of the Act of 1961 can be waived.
10. In view of the aforesaid findings, this writ petition deserves to be allowed and the contents of the petitioners are sustained. The order passed on 24.10.2003 is quashed and set aside. Vide interim order, this Court on 04.12.2003, restrained the respondent from recovering the interest. In view of above conclusions, we make the order absolute and waive the interest as demanded and subsequent proceedings under Section 140 of the Act of 1961 also stands quashed. X X X X Extracts X X X X X X X X Extracts X X X X
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