- (1.) Special leave granted.
(2.) This appeal is directed against the order dated 25/03/1992 of the high court of Delhi in C. W. P. No. 1178 of 1992 dismissing the writ petition filed by the appellant against the order passed by Commissioner of Income Tax under Section 273-A of the Income Tax Act, 1961 (for short the 'act') refusing to waive interest and penalty on the amount voluntarily disclosed by the assessee by way of revised return, without entering into merits on the ground that the order was not liable to interference in extraordinary jurisdiction.
(3.) Having heard learned counsel for both the parties, we are of the opinion that the question whether the Commissioner of Income Tax in the facts and circumstances of the case was justified in refusing to exercise his power under section 273-A of the Act was a question which was required to be examined on merits. Therefore, without expressing any opinion on merits of the controversy, we set aside the order of the High court and send the case back for decision afresh in accordance with law on merits. The petition shall be restored to its original number. Parties shall be at liberty to exchange their affidavits. The appeal is decided accordingly.;