PINAKI CHANDRA GHOSE, J.

( 1 ) THIS is an application filed by the petitioner challenging the orders dated February 20, 1996, and July 30, 1996, passed by respondents Nos. 1 and 2 refusing to waive the penalty under Section 271 (1) (c) (iii) of the Income-tax Act, 1961 (hereinafter referred to as "the said Act"), for the assessment years 1984-85 and 1987-88 to 1990-91.

( 2 ) THE facts of the case briefly are as follows :

( 3 ) ONE Bishnu Narain Kapur, died intestate on March 22, 1991, leaving behind the writ petitioner as one of his legal heirs. After the death of the said asses-see, the petitioner was able to find out that some of the investments made by the assessee in different years and the income derived from such investments had not been disclosed by him in his returns. The writ petitioner voluntarily filed the returns for the assessment years 1984-85 and 1987-88 to 1990-91 and further requested the Income-tax officer (hereinafter referred to as "the ITO") to reopen the assessments for the said assessments years under Section 147/ 148 of the said Act.

( 4 ) THE writ petitioner further informed the Income-tax Officer that the said deceased also failed to disclose some amoun

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