Law:

Section:

Section 264, read with section 273a, of the income-tax act, 1961-Revision of other orders-Assessee had once obtained waiver of interest levied under section 139(8) by applying to IAC under section 273A-In a subsequent year, it again filed return late and having failed to obtain relief under section 273A preferred an application under section 264 to commissioner-Commissioner dismissed application as being not maintainable on the ground that assessee should seek relief under section 273a-Whether in view of section 273A(3), which prohibits grant of relief under that section more than once, commissioner's order dismissing revision application as not maintainable, was not justified-Held, on facts, yes FACTS The assessee, a practising advocate, filed his returns belatedly for certain assessment years. In an earlier assessment year also the assessee had filed the return late and he had obtained waiver of interest levied under section 139(8) by applying to the IAC under the provisions of section 273A. In the assessment years in question, his application for waiver of interest under section 273A was rejected by the IAC on the ground that the assessee was a habitual defaulter in filing returns. Against the IAC's order, the assessee preferred an application for revision to the Commissioner under section 264 but the Commissioner dismissed the revision petition as being not maintainable on the ground that the assessee ought to have sought the relief under section 273A only. On writ: HELD The Commissioner, while rejecting the revision petition, had apparently overlooked the provision of section 273A(3) by virtue of which an assessee can get relief under that section only once, whether the assessment relates to one or more assessment years. The assessee having got the relief once for a particular year, was not entitled again to get the relief under section 273A for the assessment years in question. In the circumstances, the Commissioner was not justified in rejecting the assessee's application under section 264 as being not maintainable. ORDER 1. The petitioner Peston Padamji Ginwalla is a practising advocate of this Court. Having professional income the petitioner has to…

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