Law: Income Tax Act, 1922

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

Income-tax Act (XI of 1922)---Ss. 33-A (2) & 35 read with S. 18-A (6) -Imposition of penal interest-Revision-Limitation for-Application for waiver of penal interest rejected by Income-tax Officer without notice to assessee-­Held, Commissioner can revise such order of Income-tax Officer-Limitation for revision application starts from date of order sought to be revised and not from date of assessment order--Order of Income-tax Officer under S. 18-A(6) not being appealable, such an appeal, if filed, cannot be a bar to revision by Commissioner. Pt. Deo Sharma v. C. L T. (1953) 23 I T R 226 (All.) fol. S. A. L. Narrayan Rao v. Ishwarlal Bhagwandas (1965) 57 1 T R 149 (S C) ref. JUDGMENT R. L. GULATI, J.--The petitioner was assessed to Income-tax for the assess­ment years 1956-57, 1957-58, 1958-59, 1960-61 and 1962-63, by the Income-tax Officer, (Central) Circle 1, Meerut. Penal interest under section 18-A(6) of the Indian Income-tax Act 1922 (hereinafter referred to as "the Act"), was charged for all the years as the petitioner had failed to pay proper amount 4 advance tax as required under subsections (1), (2) and (3) of section 18-A. The petitioner applied to the Income-tax Officer for waiver of interest. The applications were made under section 35 read with rule 48 of the. Indian income-tax Rules, 1922. (The application for the year 1962-63 was made under rule 40 of the Income-tax Rules, 1962, which corresponds to rule 48 the Indian Income-tax Rules, 1922). These applications were rejected. The petitioner then moved the Commissioner of Income-tax, Delhi (Central), New Delhi the respondent No. 1 under section 33-A(2) of the Act by means of five separate applications. All the five applications were rejected by the Commissioner by a consolidated order dated January 31, 1972 February 8, 1972 on the ground, (i) that the petitioner's applications were time-barred, and (ii) that for the assessment years 1956-57 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 4ere not maintainable. This order of the Commissioner has been challenged by means of this…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492