9911796707
TMI Blog2009 (6) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... financial hardship – Refusal to waive interest – Justified - - - - - Dated:- 2-6-2009 - ABDUL REHIM C. K. J JUDGMENT C. K. Abdul Rehim J.- The challenge in this writ petition is against exhibit P6 order issued by the second respondent, rejecting a petition filed under section 220(2A) of the Income-tax Act, 1961 seeking waiver of interest due on delayed payment of tax, with respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was later reduced to Rs.1,08,982. Exhibit P4 petition was filed seeking to waive imposition of the said amount as interest leviable 2. under section 220(2).Under section 220(2A) the assessee has to satisfy the following conditions : (1) Payment of such amount has caused or would cause genuine hardship to the assessee. (2) Default in payment of the interest which has been paid or was p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income also. Considering the fact that the interest to be waived is Rs. 1,08,982 only, the first respondent held that the payment of such an amount will not cause genuine hardship to the assessee. 4. The contention of learned counsel for the petitioner is that there is clear failure on the part of first respondent in not considering the fact that the petitioner firm has got huge liabilities du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s narrated the history of the assessment and background of the default. It is mentioned that against a total income of Rs. 5,51,170 assessed, the assessee had initially declared an amount of Rs. 59,410 only. It is also evident that a waiver of 50 per cent. on the interest due under sections 139(8) and 217 was allowed. Further, payment of the tax amount in installments was allowed. From these facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proper consideration of the issue by the first respondent, and there is no proper evaluation of the facts and circumstances of the case, based on the requirements stipulated in the provision in order to decide whether waiver can be allowed or not. On a perusal of exhibit P6 I do not think that there is any non-application of mind or non-advertance to the contentions. The first respondent had prop ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
