Law: Income Tax Act, 1922

Section: 18,18A(6),33A(2),35

[Indian Income Tax Act, 1922 (XI of 1922)]..........Sections 18A(6), 33A(2), 35-Revision-Limitation-Advance tax-Penal interest Application for waiver of interest rejected by income tax officer no notice given to assessee whether commissioner can revise order of I.T.O. rejection waiver application Held yes limitation for revision application whether from the date of order sought to be revised and not the date of assessment order Held yes appeal made to appellate tribunal against waiver order though not maintainable whether can be said to be subject of appeal to Tribunal Held no-Whether bar to revision by Commissioner-Held no-income Tax Rules, r. 40. Penal interest under Section 18A(6) of the Indian Income Tax Act, 1922, was charged on the petitioner for assessment year 1956-57 to 1958-59 and 1960-61 and 1962-63 by the Income Tax Officer as the petitioner had failed to pay the proper amount of advance tax under Section 13A (1), (2) and (3). The applications of the petitioner under Section 35 read with Rule 48 of the Indian Income Tax Rules, 1922, corresponding to Rule 40 of the Income Tax Rules, 1952, for waiver of interest were rejected by the Income Tax Officer. The petitioner than moved the Commissioner under Section 33A(2) of the Act. Ali the applications were rejected by the Commissioner on the grounds : (i) that the petitioners applications were time-barred, and (ii) that for the assessment years 195667 and 1958-59, the question of penal interest had been made the subject-matter of appeal before the Income Tax Appellate Tribunal and as such the revision applications were not maintainable. On a petition under article 226 of the Constitution challenging the order of the Commissioner: Held, that, ordinarily, an Income Tax Officer has to consider the question of waiver or reduction of interest at the time he makes the regular assessment. In such 2 case he would be required to give a notice to the assesses, so as to afford him an opportunity of showing that the circumstances enumerated in rules 48/40 of the Income Tax Rules, 1922 and 1952 respectively, exist and the waiver or reduction of interest is called for. In the instant case no such notice was given to…

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