Supreme Court of India
Commissioner of Income Tax, Mumbai v. Anjum M.H. Ghaswala and Ors.
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11 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the Commission: in exercise of its power under Sections 245(4) and (6) does not have the power to reduce or waive interest statutorily payable under Sections 234A, 234B and 234C except to the extent of granting relief under the Circulars issued by the Board under Section 119 of the Act.
Judgment, page 19
From the headnote
lnocme Tax Act, 1961 : Sections 245D(4) and (6)-AY 1989-90 onwards-Interest-Reduction or waiver of-By Settlement Commission-Powers regarding-Held: The Com mission can only stipulate the conditions of payment like instalments, last date for payment etc.-Hence, the Commission d_oes not have the power to reduce or waive interest statutorily payable under Sections 234A, 234B and 234C except to the extent of granting relief under the Circulars issued by the Board c under s .. 119. Section 119-Central Board of Direct Taxes-Circulars issued b~Statu tory force of-Held: Such Circulars have statutory
Where later benches applied it
- 2022 Noor Mohammed v. Khurram Pasha
- 2019 Kakadia Builders Pvt. Ltd. & Anr. v. Income Tax Officer Ward 1(3) & Anr.
- 2016 State of Kerala & Ors. v. M/s. Kerala Rare Earth & Minerals Limited & Ors.
- 2023 Mansarovar Commercial Pvt. Ltd. v. Commissioner of Income Tax, Delhi
- 2022 State of Andhra Pradesh (now State of Telangana) v. A. P. State Wakf Board & Ors.
- 2024 The Patna Municipal Corporation & Ors. v. M/s Tribro Ad Bureau & Ors.
- 2024 Union of India & Ors. v. Rajeev Bansal
- 2017 M/s. K. Lakshmanya and Company v. Commissioner of Income Tax & Anr.
- 2026 The Authority for Advance Rulings (income Tax) v. Tiger Global International Ii Holdings
- 2010 Brij Lal & Ors. v. Commissioner of Income Tax Act, 1961
- 2002 Commissioner of Income Tax v. M/s. Hindustan Bulk Carriers
Of those, 3 relied on · 2 followed · 3 referred to · 3 mentioned
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