K.C.Agrawal, C. J. - (1.) THROUGH this writ petition filed under Article 226 of the Constitution of India, the petitioner, Kapoor Chand Kulish, Proprietor, Rajasthan Patrika, Jaipur, has sought a writ of certiorari for quashing the order dated September 1, 1980, passed by the Commissioner of Income-tax, Jaipur, rejecting the applications under Section 273A of the Income-tax Act for the assessment years 1974-75, 1975-76 and 1976-77.
(2.) THE petitioner is an assessee and is assessed by the Income-tax Officer, B-Ward, Jaipur. According to the petitioner, he furnished his return of income under Section 139(1) of the Income-tax Act, 1961 (hereinafter referred to as the "Act"), for the assessment year 1974-75 on October 23, 1975. This return was revised on October 30, 1976. THE figures relating to the assessment year 1974-75 are quoted below : JUDGEMENT_123_ITR196_1992Html1.htm The reason for filing the revised return was that, as the petitioner had claimed a difference in the rate of papers, the same being on loan, and which was actually paid in the next year, that amount was deductible in the subsequent assessment year. The assessment for 1974-75 was framed by the Income-tax Officer on October 30, 1976. According to the petitioner, for the assessment year 1975-76, the return was filed on January 3, 1978, voluntarily and without any notice by the Income-tax Officer. An amount of Rs. 2,35,708 was deposited by way of tax payable under Section 140A of the Act within the specified time. The assessment for this year was framed by the Income-tax Officer on February 23, 1978. For the assessment year 1976-77 also, the petitioner filed a return voluntarily on May 31, 1978, and paid tax within the time. The assessment for this year was framed by the Income-tax Officer on February 14, 1979. As the returns for the aforesaid assessment years 1974-75, 1975-76 and 1976-77 were not furnished within the time prescribed by Section 139(1) of the Act, the Income-tax Officer levied interest under Section 139(8) of the Act as per details given below : JUDGEMENT_123_ITR196_1992Html2.htm
(3.) FOR the assessment years 1975-76 and 1976-77, the Income-tax Officer also imposed penalties under Section 271(1)(a) of the Act for late filing of the returns. Proceedings under Section 271(1)(a) of the Act were initiated for the assessment year 1975-76 and a penalty of Rs. 1,26,066 was imposed under Section 271(1)(a) by order dated August 12, 1980, which is annexure IV to this writ petition. Similar proceedings were initiated for the assessment year 1976-77 also and vide order dated September 6, 1980, a penalty of Rs. 62,119 was imposed. The order has been annexed as annexure V to the writ petition. Penalty was also imposed for the assessment year 1974-75 but the same was dropped on February 29, 1979, annexure VI to the writ petition. The petitioner thereafter moved an application under Section 273A(1) of the Act for filing petitions before the Commissioner of Income-tax for the aforesaid three assessment years for waiver. The petitioner thereafter filed three petitions for waiver of penalty and interest for the aforesaid three assessment years. These petitions are annexures VII, VIII and IX to the writ petition. ;