Naresh Kumar Gupta vs Commissioner of Income Tax and Another

C.S.P. Singh, J.—The petitioner has by his petition challenged the order of the Commissioner passed u/s 273A by which he waived the demand for interest for the assessment year 1974-75 up to an extent of fifty per cent. but refused relief for the entire amount. Counsel for the petitioner contended that the Commissioner has not recorded any reasons for refusing relief to the petitioner for the total amount of interest. It was urged that proceedings u/s 273A are quasi-judicial in nature, and reasons have not been recorded for passing the final order. The contention of the petitioner is justified, in view of the decision of this court in the case of Paras Bhan Sadh Vs. Commissioner of Income Tax and Another, . Following that decision, we allow the petition and quash the order of the Commissioner in so far as it relates to interest. The Commissioner should now decide the claim for waiver of interest made by the petitioner on merits and in accordance with law. Parties to bear their own costs.