DATTA A.SAWANT AND ANR vs. COMMISSIOENR OF INCOME-TAX NASIK AND ORS
What did the High Court hold?
The High Court held that the interest of justice would be served by quashing the impugned orders and directing the Commissioner of Income Tax (CIT) to pass fresh orders in accordance with law. The Court found that the CIT's rejection of the Section 264 application against the Section 271(1)(c) penalty was flawed, as it did not consider the petitioners' submission that the return was filed voluntarily and later revised on the Assessing Officer's advice. Similarly, the rejection of other penalty applications based on the acceptance of gold ornaments by partners and lack of evidence was deemed questionable, as mere addition to income at the assessee's instance does not automatically imply concealment. The rejection of the Section 273A waiver application on the ground that the return was not filed voluntarily was also considered incorrect. Consequently, the impugned orders were quashed and set aside, and the matter was remitted back to the CIT to decide the applications afresh. The Court expressed hope that the CIT would dispose of the applications expeditiously given the AY 1987-88. No issue was expressly left undecided.
What were the facts?
The petitioners, Datta A. Savant and another, challenged orders passed by the Commissioner of Income Tax (CIT) under Section 264 of the Income Tax Act, 1961. These orders had rejected the petitioners' applications against penalty orders passed under Sections 271(1)(a), 271(1)(c), and 273(2)(b). Additionally, they challenged a CIT order dated July 26, 1994, which declined to entertain an application under Section 273A for waiver of penalties/interest for Assessment Year (AY) 1987-88. The CIT's order under Section 264 rejecting the penalty under Section 271(1)(c) was based on a 32-month delay in filing the return of income. The petitioners contended that the return was filed voluntarily, first as an unregistered firm and later as an AOP on the Assessing Officer's advice, an aspect not considered by the CIT. Other applications were rejected because gold ornaments were accepted by partners, with the CIT finding no evidence. The rejection of the Section 273A waiver application was based on the return not being filed voluntarily.
What were the issues?
1. Whether the Commissioner of Income Tax erred in rejecting the application under Section 264 of the Income Tax Act, 1961, against the penalty order under Section 271(1)(c) on the grounds of delay in filing the return of income, without considering the voluntary nature of the filing and subsequent advice from the Assessing Officer? (Question of law and fact, concerning Section 271(1)(c) and Section 264). 2. Whether the Commissioner of Income Tax was justified in rejecting other applications for penalties under Sections 271(1)(a) and 273(2)(b) solely on the basis that gold ornaments were accepted by partners and no evidence was produced, despite the addition to income being at the assessee's instance? (Question of law and fact, concerning Sections 271(1)(a), 273(2)(b), and 264). 3. Whether the Commissioner of Income Tax correctly rejected the application for waiver of penalties/interest under Section 273A on the ground that the return was not filed voluntarily? (Question of law and fact, concerning Section 273A). Assessee's Contentions: The return was filed voluntarily, first as an unregistered firm and later as an AOP on the Assessing Officer's advice. The addition to income at the assessee's instance does not warrant a finding of concealment. The rejection of the Section 273A waiver application on the ground of the return not being filed voluntarily is incorrect. Revenue's Contentions: Not recorded in the judgment.
Which sections of the Income-tax Act were involved?
Section 264,Section 271(1)(a),Section 271(1)(c),Section 273(2)(b),Section 273A
AI-generated summary — verify with the full judgment below
FARAD FARAD FARAD CONTINUATION SHEET No. CONTINUATION SHEET No. CONTINUATION SHEET No.
IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE APPELLATE APPELLATE SIDE. SIDE. SIDE.
WRIT WRIT WRIT PETITION NO. 1416 PETITION NO. 1416 PETITION NO. 1416
OF OF OF 1995. 1995. 1995.
Datta A. Savant & anr.
..Petitioners.
vs.
The Commissioner of Income Tax,
Nasik & ors.
..Respondents.
-------------------------------------------------------------
Office Notes,Office
Memoranda of Coram,
Court’s or Judge’s orders
appearnaces,Courts’s
orders or directions
and Registrar’s orders. :
------------------------------------------------------------
Shri
V.H.
Patil with Ms.
Aasifa
Khan
i/b K.B. Bhujle and A.K. Jasani for the
petitioner.
Shri Parag Vyas for the respondents.
CORAM: CORAM: CORAM: V.C.DAGA AND J.P.DEVADHAR,JJ. V.C.DAGA AND J.P.DEVADHAR,JJ. V.C.DAGA AND J.P.DEVADHAR,JJ.
DATED: DATED: DATED: 4.10.2005. 4.10.2005. 4.10.2005.
this
petition,
challenged
Act,
rejecting
applications
made
against
penalty
271(1)a);
271(1)(c)
(2)(b)
Act.
The
also
challenged order
Commissioner
dated
26th
July
1994,
declining
entertain
made
273A
the Act for a waiver of
penalties/interest under the provisions
of the Income-tax Act for A.Y.1987-88.
On perusal of the order passed
Act
against
penalty
levied
271(1)(c) Act, it seen
has rejected
there delay
months filing income
forced file
income.
It case
petitioner
filed
11.2.1991
voluntarily
status
unregistered firm later
filed 28.2.1991 status
A.O.P.
advice
Assessing
Officer.
This
aspect
has
not
considered
order.
Similarly,
other
two
applications
rejected mainly
because
gold
ornaments
ultimately
accepted
partners
cannot
produce
any
evidence.
Mere
addition income,
instance
would
not
warrant
finding
concealment.
Similarly,
rejection
for
waiver
penalty/interest
273A
return has not been filed voluntarily
does not appear to be correct.
In the result, we are of the
opinion
interest
justice
would
be served quashing
directing Commissioner
pass
fresh
accordance with law.
Accordingly,
petition are quashed
set
aside.
The matter remitted
back
to the C.I.T. to decide the aforesaid
application in accordance with law.
Since the matter pertains to
A.Y.
1987-88,
we hope
will dispose of the applications as
expeditiously as possible.
The petition is allowed in
terms of prayer (a) of the petition with
no order as to costs.
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