Law:

Section:

Section 234A, read with sections 234B and 234C, of the Income-tax Act, 1961 - Interest, chargeable as - Assessment years 1991-92 and 1992-93 - Assessee was a minor during relevant assessment years - For those years, she filed returns of income voluntarily on 31-12-1997 declaring certain income - Assessing Officer processed returns under section 143(1)(a) and fixed additional tax liability against her and also levied interest under sections 234A, 234B and 234C - Assessee filed petition before Chief Commissioner for waiver of interest contending that her father died on 28-3-1991 leaving her mother to look after affairs of family and business matters and she being a housewife took considerable time to acquaint herself with matter in finalizing accounts; and that, thus, due to unavoidable circumstances, assessee was not able to file a return and pay advance tax and when later on her mother approached a tax consultant return was filed voluntarily and tax was paid - Chief Commissioner rejected assessee's waiver petition - Whether, on facts, assessee had pleaded a good and sufficient reason for non-payment of tax on time and Chief Commissioner had not exercised his discretion in terms of law - Held, yes - Whether, therefore, impugned order, insofar as levying interest under sections 234A, 234B and 234C upon assessee was concerned, was liable to be set aside - Held, yes FACTS The assessee was minor during the assessment years 1991-92 and 1992-93. For those years, she filed the returns of income voluntarily on 31-12-1997. The Assessing Officer processed the returns under section 143(1)(a) and fixed her tax liability. The Assessing Officer also levied interest under sections 234A, 234B and 234C upon the assessee. The assessee filed a petition before the Chief Commissioner for waiver of interest contending that the relevant returns were filed voluntarily; that her father expired on 28-3-1991 leaving her mother to look after the affairs of the family and business matters of her father; that being a housewife her mother took considerable time to acquaint herself with the matter in finalizing the accounts and at that time she was a minor; and that, thus, due to unavoidable…

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