Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 1981
  6. /
  7. January

Naresh Kumar Gupta vs Commissioner Of Income-Tax And ...

High Court Of Judicature at Allahabad|10 December, 1981

JUDGMENT / ORDER

JUDGMENT C.S.P. Singh, J.
1. The petitioner has by his petition challenged the order of the Commissioner passed under Section 273A by which he waived the demand for interest for the assessment year 1974-75 up to an extent of fifty per cent. but refused relief for the entire amount. Counsel for the petitioner contended that the Commissioner has not recorded any reasons for refusing relief to the petitioner for the total amount of interest. It was urged that proceedings under Section 273A are quasi-judicial in nature, and reasons have not been recorded for passing the final order. The contention of the petitioner is justified, in view of the decision of this court in the case of Paras Bhan Sadh v. CIT [1978] 114 ITR 834. Following that decision, we allow the petition and quash the order of the Commissioner in so far as it relates to interest. The Commissioner should now decide the claim for waiver of interest made by the petitioner on merits and in accordance with law. Parties to bear their own costs.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Naresh Kumar Gupta vs Commissioner Of Income-Tax And ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
10 December, 1981
Judges
  • C Singh
  • R Rastogi