| Case ID |
3a995e11-b0c9-4563-b6de-05277b9288eb |
| Body |
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| Case Number |
WRIT PETITION No. 3740 OF 1994 |
| Decision Date |
Feb 25, 2004 |
| Hearing Date |
|
| Decision |
The Bombay High Court ruled that the Commissioner of Income Tax was unjustified in rejecting the application for waiver of penalty and interest under Section 273A of the Income-tax Act, 1961. The court emphasized that the relevant factor for consideration is whether a full and true disclosure was made voluntarily and in good faith, irrespective of whether the returns were belated. The petitioner had demonstrated that the returns were filed voluntarily, and thus, the conditions for waiver were satisfied. The court quashed the Commissioner’s order and remanded the matter for a fresh decision based on the established facts. |
| Summary |
This case revolves around the application of Section 273A of the Income-tax Act, 1961, which allows taxpayers to seek waiver of penalties and interest if a full and true disclosure of income is made voluntarily and in good faith. The petitioner, Anand B. Apte, sought relief for assessment years 1981-82, 1984-85, and 1988-89 after filing belated returns due to personal circumstances. The Commissioner of Income Tax initially rejected the application on grounds of non-voluntary disclosure, citing an audit query. However, the Bombay High Court found that the disclosures were indeed made voluntarily and thus ruled in favor of the petitioner. This case highlights the importance of voluntary compliance in tax law and serves as a precedent for similar cases seeking relief under Section 273A. |
| Court |
Bombay High Court
|
| Entities Involved |
Not available
|
| Judges |
V.C. Daga,
J.P. Devadhar
|
| Lawyers |
S.N. Inamdar,
R.V. Desai,
P.S. Jetley
|
| Petitioners |
Anand B. Apte
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
2004 SLD 2963,
(2004) 270 ITR 581
|
| Other Citations |
Jaswant Rai v. CBDT [1998] 231 ITR 745,
Saberaj Industries v. F.J. Bahadur, CIT [1995] 217 ITR 831
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
273A
|