1998 (1) TMI 1 - SC - Income Tax

Application filed u/s 220(2A) for reduction or waiver of interest levied u/s 220(2) - CBDT is not justified in rejecting the application on the ground that conditions laid down u/s 220(2A) was not satisfied - set aside the order of the High Court and of the Central Board of Direct Taxes and restore the appellant s application under section 220(2A) to the file of the Chief Commissioner

Summary

Issues:
- Levying interest under section 220(2) of the Income-tax Act on the appellant for default in tax payment.
- Rejection of appellant's application under sub-section (2A) of section 220 by the Central Board of Direct Taxes.
- Lack of reasons provided by the Central Board of Direct Taxes in rejecting the application.
- Judicial review of quasi-judicial decisions under section 220(2A).
- Applicability of section 220(2A) to the assessment year in question.

Analysis:
The Supreme Court heard the case involving the levy of interest on the appellant for default in paying income tax under section 220(2) of the Income-tax Act. The appellant filed an application under sub-section (2A) of section 220 before the Central Board of Direct Taxes, seeking a reduction or waiver of the interest amount by providing reasons for the same. However, the application was rejected by the Board through a letter that did not contain any specific reasons for the rejection. Subsequently, a writ petition was filed in the High Court of Delhi challenging the rejection on the grounds of lack of reasons provided by the Board. The High Court dismissed the petition, stating that the absence of reasons did not vitiate the Board's order.

The Supreme Court emphasized that when an application is made under section 220(2A), the authority must take a quasi-judicial decision, and if the conditions specified in the provision are met, the authority has the power to reduce or waive the interest amount. Although the provision does not explicitly require the recording of reasons in the order, the Court held that a speaking order with reasons is essential, and principles of natural justice must be followed. The Court relied on previous judgments to assert that quasi-judicial orders must be supported by reasons to facilitate judicial review.

Regarding the applicability of section 220(2A) to the assessment year in question, the Court did not express an opinion, leaving it for the authority to decide. With the amendment requiring the Chief Commissioner or Commissioner to decide on applications for interest waiver, the Court allowed the appeal, set aside the previous orders, and directed the appellant's application to be reconsidered by the Chief Commissioner in accordance with the law. No costs were awarded in the judgment.