Vivek Narain and Others vs Commissioner of Income Tax and Another

B.P. Jeevan Reddy, C.J.—We are unable to see any substance in this writ petition. It is directed against the order made by the Commissioner of Income Tax, Meerut, in proceedings u/s 264 of the Income Tax Act, 1961. The land of the petitioner was acquired by the Government and an award was passed on September 13, 1984. The award specifically sets out the amount of compensation, solarium and interest. Penal interest was levied u/s 139(8) and also u/s 217 of the Act for the period April 1, 1983 onwards. The petitioner applied to the Deputy Commissioner (Assessment) for reduction of the interest levied u/s 217 and also u/s 139(8) of the Act. The Deputy Commissioner reduced the interest on both counts for the period April 1, 1981 to September 30, 1984, but refused to waive the interest for the period subsequent to September 30, 1984. The first order of assessment relates to the assessment years 1983-84 and 1984-85. There is another order of assessment which pertains to the assessment years 1981-82 and 1982-83.

In view of the fact that the award dated September 13, 1984, gives all the relevant figures, there was no difficulty on the part of the petitioner in filing the return. The reasons given by the Deputy Commissioner and affirmed by the Commissioner cannot be said to be unreasonable and irrelevant.

We see no good ground for interference by this court in this petition which is accordingly dismissed.