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Issues involved: Appeal against rejection of application for waiver of interest u/s 220(2) of the Income-tax Act, 1961.
Summary: The appeal was filed against the rejection of the application for waiver of interest under section 220(2) of the Income-tax Act, 1961. The appellant sought a writ of certiorari to quash exhibit P-3 and a writ of mandamus directing the Commissioner of Income-tax to reconsider the application. The exhibit P-3 was an order passed by the Income-tax Commissioner in a revision petition filed by the petitioner u/s 264 of the Act. The learned single judge found exhibit P-3 to be valid as the Commissioner had properly exercised discretion u/s 220(2A) of the Act. Section 220(2A) empowers the Commissioner to reduce or waive interest if certain conditions are met. The three conditions include genuine hardship to the assessee, default beyond the assessee's control, and cooperation in inquiries. The Commissioner found that the payment of interest did not cause genuine hardship to the petitioner, who was earning good income from business. As all conditions must be satisfied for u/s 220(2A) to apply, the court cannot interfere with the discretionary order under article 226 of the Constitution. The original petition was rightly dismissed by the learned single judge. The appeal was found to have no merit and was dismissed accordingly.
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