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TMI Blog2012 (3) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot be said to be against the provisions of the notification. For waiver under 220 - apart from pleading that nonpayment of tax was due to reasons beyond the control of the assessee, the assessee has not established this factual question. Reliance placed on GTN Textile Ltd (1993 -TMI - 18908 - KERALA High Court). - Decided against the assessee. - WPC.No. 36456 of 2005 (M) - - - Dated:- 4-1-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no provision in the Act, providing for waiver of such interest. However, waiver is permissible only in terms of the notification dated 23.05.1996 issued by the Board. This notification provides the circumstances in which such waiver is permissible and the circumstance that is relied on by the assessee for waiver is that contained in Clause(e) which says that where the return of income could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the 1st respondent. In such circumstances, denial of the request for waiver of interest cannot be said to be against the provisions of the notification mentioned above. If that be so, Ext.P5 order of the 1st respondent deserves to be upheld and I do so. 4. In so far as Ext.P6, request for waiver of interest levied under Section 220(2) of the Income Tax Act is concerned, Section 220(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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