B.P. Jeevan reddy C.J. - (1.) THIS writ petition is directed against an order of the Commissioner of Income-tax dated February 28, 1979, under Section 273A of the Income-tax Act.
(2.) THE petitioner is an individual. He filed returns for the assessment years 1969-70 to 1971-72 and an order of assessment was made. Subsequently, on September 20, 1971, he made a voluntary disclosure and filed returns for the assessment years 1965-66 to 1968-69 and revised returns with respect to the assessment years 1969-70 to 1972-73. Simultaneously, he filed a petition under Sub-section (4A) of Section 271. THE Income-tax Officer accepted the returns filed by the petitioner with respect to the assessment years 1964-65 to 1968-69. With respect to the subsequent years, he issued notices under Section 147/148, accepted the returns and made the assessments. According to the petitioner, his revised returns were accepted. Penalties were also levied on the petitioner. Now coming to the petition under Section 271 (4A) filed by the petitioner, the Commissioner, by his order dated January 22, 1975, waived the penalties levied under Section 271(1)(a) for the assessment years 1965-66 to 1968-69 and 1972-73. So far as the petitions relating to the years 1969-70 and 1971-72 are concerned, he dismissed them evidently because no penalties were levied under Section 271(1) (a) for those years. We may mention that, in his petition filed under Section 271 (4A), the petitioner had prayed for "waiving penalties and penal provision". Evidently because the only penalties imposed by the date of the Commissioner's order dated January 22, 1975, were under Section 271(1)(a), the Commissioner dealt with those penalties only in his order. However, after the Commissioner's order dated January 22, 1975, the Income-tax Officer levied penalties under Section 271(1)(c) by his order dated November 16, 1976/February 7, 1977. It appears that interest was also levied under Sections 139(8) and 217. The petitioner then filed an application (annexure 5 to the writ petition) in March, 1977, for waiving the penalties levied under Section 271(1)(c) and also to waive interest amounts levied under Sections 139(8) and 217. This application has been dismissed by the Commissioner under his order dated February 28, 1979, impugned herein.
(3.) THE main ground upon which the Commissioner has dismissed the petition is that the matter involved in the petition filed by the petitioner "stands closed" by the order dated January 22, 1975. THE order does not say anything about the interest levied under Sections 139(8) and 217, So far as the penalties levied under Section 271(1)(c) are concerned, it may be noted that they were levied subsequent to the Commissioner's order dated January 22, 1975. In the said order dated January 22, 1975, the Commissioner did not deal with the penalties leviable or levied under Section 271(1)(c). It, therefore, cannot be said that the issue relating to waiver of penalties under Section 271(1)(c) stands concluded by the order dated January 22, 1975. The matter must be gone into on merits.;