2004 AIR - KANT. H. C. R. 370 ::2004 Tax LR 249 ::(2004) 56 KantLJ(Trib) 76 ::(2004) 186 CurTaxRep 313 ::(2004) 266 ITR 15 ::(2004) 1 KCCR 466 ::(2004) 134 Taxman 314 ::(2004) 178 Taxation 507

Karnataka High Court

Hon'ble Judge(s): R. Gururajan , J

Interest - Waiver of - Reduction or waiver of interest for late filing of return of income etc. - Certain deductions allowed earlier in view of decision of jurisdictional High Court, disallowed by re-opening assessment in view of subsequent Supreme Court judgment - Revised return filed thereafter - Interest under S. 234-A levied for late filing of return, waived by Commissioner not wholly but up to the date of judgment of Supreme Court - Order of waiver not unjustified - Assessee in a given circumstances cannot as a matter of right demand waiver of interest as a whole - Absence of notice to assessee is immaterial. Income-Tax Act (43 of 1961) , S.119(2)(a)— read with C.B.D.T. Instruction F. No. 400/234/95-IT(B), D/- 23-5-1996 and 30-1-1997 and S. 234-A. (Para 12 13 14)