Law:

Section:

Sections 234A, 234B and 234C of the Income-tax Act, 1961 are not violative of article 14 of the Constitution of India Section 234A, read with sections 234B and 234C, of the Income-tax Act, 1961, read with Article 14 of the Constitution of India - Interest chargeable - Assessment years Assessment years 1993-94 to 1996-97 - Whether provisions contained in sections 234A, 234B and 234C are not penal provisions but are compensatory in nature for breach of civil obligation - Held, yes - Whether by provisions contained in sections 234A, 234B and 234C uniform treatment to similarly situated persons is sought to be achieved and, therefore, said sections cannot be violative of article 14 - Held, yes Section 119 of the Income-tax Act, 1961 - Amnesty Scheme - Assessment years Assessment years 1993-94 to 1996-97 - Petitioner filed return of income for relevant assessment years and claimed deduction under section 80-O on gross foreign receipts - However, Assessing Officer allowed deduction on net foreign earnings and also charged interest under section 234B - Petitioner approached Chief Commissioner for waiver of interest relying on notification dated 23-5-1996, read with notification dated 13-1-1997 issued by CBDT in exercise of its power under section 119(2) - Chief Commissioner rejected case of petitioner holding that his case was not covered by said notifications as it was not case of petitioner that he had not offered income for taxation as a result of any High Court's which was subsequently reversed by any amendment to law or by Supreme Court - Whether power has been conferred on Board under section 119(2) to issue appropriate directions to relieve hardship in suitable cases and since in instant case petitioner neither pleaded nor proved any case of hardship for waiver of interest before Chief Commissioner, there was no infirmity in order of Chief Commissioner - Held, yes Circulars and notifications - Notifications dated 23-5-1996 and dated 13-1-1997 issued by CBDT FACTS The petitioner was providing services to various foreign principals in the field of petrochemical and textile projects. He filed returns for the relevant assessment years and claimed deductions under…

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