Gaonkar Mines v. Income-Tax

ORDER

Petitioner is a firm engaged in mining seashell at and around Tadri, Taluk Kumta, Uttar Kannada. The petitioner is a regular income tax assessee and has filed the return of income for the assessment year 2005-06 on 30.01.2006 declaring a total income of Rs. 34,92,050/-. Suffice it to say that there was some belated payment. Hence, tax was levied. The petitioner was before the Tax Commissioner, who declined to waive the interest on the ground that the petitioner does not come under any of the ground for waiver of tax and the order passed by the Chief Commissioner is reiterated as against which, the petitioner is before this Court.

2. I have heard the learned counsel appearing for the petitioner as well as the respondent.

3. Apparently, the 3rd respondent was required to independently address itself as to whether the petitioner is entitled for waiver as sought to be contended by him, for the reasons stated in the request made for. The 2nd respondent also was required to consider the same, having regard to the situation in which the petitioner is placed, inasmuch as according to the learned counsel for the petitioner, the entire amount of tax has been paid, but however belatedly. Hence, I am of the view that the orders passed by respondents 2 and 3 are liable to be interfered and the matter is to be remitted to the 2 respondent for fresh disposal in accordance with law.

(a) Petition is allowed.

(b) The impugned order passed by respondents 2 and 3 at Annexures ‘E’ and ‘H’ respectively, are quashed.

(c) The matter stands remitted to the 2 respondent for fresh disposal in accordance with law.

(d) The request made by the petitioner for waiver of the interest shall be considered with reference to the relevant provisions of the statute.

(e) It is open for the petitioner to supplement the request by additional documents.