Income-tax---

----Penal interest---Delay in filing return---Failure to send estimate of advance tax---Levy of penal interest---Acquisition of assessee's land---Award specifying amounts of compensation, solatium and interest---Deputy Commissioner justified in refusing to waive penal interest under Ss.139(8) & 217 of the Indian Income Tax Act, 1961 for period subsequent to date of award:

Held, dismissing the writ petition, that the assessee's land had been acquired and an award had been passed on September 13, 1984. The award specifically set out the amount of compensation, solatium and interest. The Deputy Commissioner was, therefore, justified in reducing the interest under sections 139(8) and 217 of the Income Tax Act, 1961, for the period April 1, 1981 to September 30, 1984, and in refusing to waive the interest for. the period subsequent to September 30, 1984, because the award was dated September 13, 1984. His order could not be quashed.

J.C. Bhardwaj for Petitioners.

JUDGMENT

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 under section 264 of the Income Tax Act, 1961. The land of the petitioner was acquired by the Government and an award was passed on 13th September, 1984. The award specifically sets out the amount of compensation; solatium and interest. Penal interest was levied under section 139(8) and also under section 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 under section 217 and also under section 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 A 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 13th September 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.

M.B.A./1531/TPetition dismissed.