Law:

Section:

Section 139(8), read with section 217 of the Income-tax Act, 1961 - Return of income - Interest for late filing of - Assessment years 1981-82 to 1984-85 - Assessee's land was acquired and an award specifying amount of compensation, solatium and interest was passed on 13-9-1984 - Penal interest under sections 139(8) and 217 was charged for delay in furnishing return by assessee - Deputy Commissioner reduced interest till date of award but refused to waive interest subsequent to date of award - Whether since award dated 13-9-1984 gave all relevant figures, there was no difficulty on part of assessee in filing return - Held, yes - Whether, therefore, order passed by Deputy Commissioner was not unreasonable and irrelevant - Held, yes FACTS The land of the assessee was acquired by the Government and an award was passed on 13-9-1984. The award specifically set out the amount of compensation, solatium and interest. Penal interest was levied under section 139(8) and also under section 217 for the period 1-4-1981 onwards. The assessee applied to the Deputy Commissioner (Appeals) for reduction of the interest levied under section 217 and also under section 139(8), who reduced the interest on both counts for the period 1-4-1981 to 30-9-1984, (sic) but refused to waive the interest for the period subsequent to 30-9-1984 (sic). The Commissioner affirmed the said order of Deputy Commissioner. On writ: HELD In view of the fact that the award dated 13-9-1984 gave all the relevant figures, there was no difficulty on the part of the assessee in filing the return. The reasons given by the Deputy Commissioner and affirmed by the Commissioner could not be said to be unreasonable and irrelevant. Note : The decision is in favour of the revenue. J.C. Bhardwaj for the…

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