J. P. Hotel and Shopping Complex v. The Income-Tax Officer
2006-01-11
THOTTATHIL B.RADHAKRISHNAN
body2006
DigiLaw.ai
Judgment :- The petitioner is a partnership firm. One Sri. P.A. Unni had been its Managing partner. For the assessment year 1998-99, an amount of Rs.4,72,500/- was remitted on 27.11.1998 in the name of the petitioner firm. A remittance of Rs.2,00,000/- was made on 28.3.2000 for the assessment year 2000-01, however, in the personal account of the aforesaid Sri. P.A. Unni. The petitioner applied for waiver of interest by seeking that the aforesaid two items of payment may be given due credit as against the outstandings of the firm and to consider the matter of waiver of interest under Sections 234 A and 234 B of the Income Tax Act. 2. The competent authority has issued Ext.P3 by holding that what the petitioner seeks is essentially not a relief of waiver, but of recomputation and adjustments on the basis of the aforesaid credits. In my considered view, the statutory authority is right in saying so. However, it would have bee open for the petitioner to move for rectification under Section 154 of the Income Tax Act. Without prejudice to such remedy and directing that if such an application for rectification is filed by the petitioner, the same shall be considered by the competent authority untrammeled by anything stated in Ext.P2, this writ petition is disposed of.