VIJAYKUMAR DEVRAJ MEHTA vs. THE CHIEF COMMISSIONER OF INCOME TAX and ANR.
What did the High Court hold?
The High Court held that the impugned order of the Chief Commissioner of Income Tax, rejecting the petitioner's application for waiver of interest, did not call for any interference. The Court found that the Chief Commissioner's observation that the assessee had earned income which he failed to disclose in the return of income was unassailable. Consequently, the application for waiver of interest was liable to be rejected. The Court also noted that the petitioner's case was not covered by any of the clauses of the CBDT notification dated May 23, 1996, upon which the petitioner's counsel placed strong reliance, specifically finding that clause (c) of the notification was not attracted in light of the facts. The writ petition was dismissed in limine.
What were the facts?
The petitioner, Shri Vijaykumar Devraj Mehta, is challenging an order dated February 17, 2003, passed by the Chief Commissioner of Income Tax, which rejected his application for waiver of interest levied under Sections 234A, 234B, and 234C of the Income Tax Act. A survey under Section 133A was conducted on November 16, 1994, at the petitioner's premises, leading to a declaration of Rs. 10,00,000/- as additional income for assessment year 1994-95. The return was filed on March 20, 1995. The Assessing Officer assessed the total income at Rs. 70,97,360/- on March 27, 1997. The Commissioner of Income Tax (Appeal) modified the total income to Rs. 12,14,430/- on March 30, 1998. Consequently, a demand notice for Rs. 9,21,059/-, including Rs. 4,00,514/- as interest under Sections 234A, 234B, and 234C, was issued on May 4, 1998. The petitioner applied for waiver of this interest on February 18, 1999.
What were the issues?
1. Whether the Chief Commissioner of Income Tax was justified in rejecting the petitioner's application for waiver of interest levied under Sections 234A, 234B, and 234C of the Income Tax Act, considering the facts of the case and the applicability of CBDT notification dated May 23, 1996. Assessee's Contention: The petitioner relied on the CBDT notification dated May 23, 1996, for waiver of interest. The judgment does not explicitly detail the petitioner's specific arguments beyond reliance on this notification. Revenue's Contention: The revenue's position, as reflected in the Chief Commissioner's order and upheld by the High Court, was that the assessee had earned income which was not disclosed in the return, making the waiver application liable for rejection. The revenue argued that clause (c) of the CBDT notification was not attracted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO.7539 OF 2004
Shri Vijaykumar Devraj Mehta
Petitioner
vs.
1.The Chief Commissioner of
Income Tax & anr.
Respondents
Mr.Vipul Joshi with Mr.Piyush Shah for the petitioner.
Mr.R.V.Desai, senior counsel along with Ms.S.V.
Bharucha for the respondents.
CORAM : R. M. LODHA &
J.P. DEVADHAR,JJ.
DATED : 25th October 2004
P.C.
Heard
Mr.Vipul Joshi, the learned counsel for
the
petitioner
and
perused the order dated
17th
February
2003
passed
the Chief Commissioner of
Income
Tax
rejecting
the
petitioner’s application for
waiver
interest
levied
under Sections 234A, 234B and 234C
the
Income Tax Act.
It is not in dispute that on
16th
November
1994
survey action under Section 133A of
the
Income Tax Act was carried out at the office premises of
the petitioner and the petitioner declared the amount of
Rs.10,00,000/-
as additional income for the
assessment
year
1994-95.
On 20th March 1995, the return of income
for
assessment year 1994-95 was filed by the petitioner
declaring total income at Rs.10,45,345/-.
The assessing
officer
made
various additions and
disallowances
and
assessed
the
total
income
Rs.70,97,360/-
vide
assessment
order
dated
27th
March
1997.
The
Commissioner
Income Tax (Appeal) partially
allowed
the petitioner’s appeal and modified the total income of
the
petitioner by its order dated 30th March 1998.
compliance
the order of the Commissioner of
Income
Tax
(Appeals) the assessing officer passed an order
4th May 1998 revising the total income of the petitioner
Rs.12,14,430/-
and
issued
notice
demand
for
Rs.9,21,059/-
including
interest under sections
234A,
234B
and
234C
amounting
Rs.4,00,514/-
The
petitioner made an application to the Chief Commissioner
Income
tax for waiver of interest on 18th
February
1999.
The said application came to be rejected by
the
Chief
Commissioner
of Income Tax vide impugned
order.
The
Chief Commissioner of Income Tax observed that
the
assessee
had
already earned income which he failed
disclose
the
return
income.
The
aforesaid
observation
unassailable
and in view
thereof
the
application
made
the
petitioner
for
waiver
interest
was
liable to be rejected.
The
petitioner’s
case
was not covered by any of the clauses of the
CBDT
notification
dated
23rd
May 1996
upon
which
strong
reliance
was
placed
by the learned
counsel
for
the
petitioner.
find
that in the light of
the
facts
obtaining in the present case, clause (c) of the
aforesaid notification is not attracted.
The impugned order does not call for any
interference.
Writ petition is dismissed in limine.
(R.M. (R.M. (R.M. LODHA,J.) LODHA,J.) LODHA,J.)
(J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.)
More judgments on Section 133A
- V S A Infra Projects Private Limited… vs DCIT., Central Circle-1(2), HyderabadITA 903/HYD/2025[2016-17]Status: Disposed6 Nov 2026AY 2016-17
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Amr Infrastructures, Hyderabad vs DCIT., Central Circle-2(1), HyderabadITA 818/HYD/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Pramod Kumar Behera vs. Union Of INDIAOrissa · 4 Nov 2026
- Santosh Kumar Pradhan (Late Biswabhar Pradhan) vs. The Chief Commissioner, CGST And Central Excise And Customs, BhubaneswarOrissa · 4 Nov 2026
- Mrs. Sharma Glass And Plywoods vs. The Commercial Tax OfficerKarnataka · 4 Nov 2026
- Sri Mohanraj vs. Assistant Commissioner Of Commercial TaxesKarnataka · 4 Nov 2026
- Shobha Kumari vs. State Of Bihar And AnrPatna · 3 Nov 2026