TMI Blog1978 (9) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the petitioner, we thought that the writ petition can straightaway be disposed of finally. That is why we have called upon Sri Polavarapu Rama Rao, standing counsel for the revenue, to argue the matter on behalf of the revenue, which lie has done. Now, we have had the benefit of hearing both sides. The assessee to income-tax had filed this writ petition, seeking a mandamus declaring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have stated that he has mistakenly chosen the remedy is that the above provision was inserted by the Taxation Laws (Amendment) Act, 1974, with effect from October 1, 1975. We have already noted that the penal interest had been levied much earlier. Consequently, the Commissioner did not have any jurisdiction to deal with the matter under s. 273A of the Act. However, the assessee had also filed ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 3 in this writ petition, to dispose of those applications before them on merits and in accordance with law, without in any way being influenced by the observations or conclusions made or arrived at by the Commissioner in the impugned order. This disposes of the writ petition. There will be no order as to costs. Now that the main writ petition itself is disposed of, no further orders need be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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