Tirath S. Thakur J.

1. IN the petition for a writ of certiorari, the petitioner calls in question an order passed by the Commissioner of INcome-tax, Karnataka-II, rejecting the petitioner's application under section 273A(1) of the INcome-tax Act, 1961, for waiver of penalty imposable under section 271(1)(c) of the INcome-tax Act. A few facts necessary for the disposal of the petition may be stated at this stage.

2. THE petitioner filed a return for the assessment year 1985-86, declaring a total income of Rs. 10,360. An order of assessment under section 143(3) of the Act was passed by the Income-tax Officer on January 30, 1987. Some time later, the petitioner claims to have discovered that he had advanced a loan of Rs. 2,25,000 to one Sri S. G. Patil, on a pro note, out of the cash resources available with him, which amount had not been disclosed by the petitioner in the return filed. He appears to have been advised to disclose the same which he did in a disclosure statement filed on October 12, 1988, before the Commissioner of Income-tax, in which he made a request for waiver of penalties leviable in exercise of the powers under section 273A of the Income-tax Act.

The reque