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TMI Blog2012 (12) TMI 819X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner to claim the benefit thereof. As held in Hazi Anwar & Others v. Competent Authority (2001 (1) TMI 915 - APPELLATE TRIBUNAL ) interest u/s 234A, B & C is mandatory. It is also settled that unless the claim for waiver or reduction come within the four corners of the conditions specified by the Central Government, interest levied under the aforesaid provisions cannot be waived (see Universal Trades Corporation v. Chief Commissioner of Income Tax & Ors. (2000 (11) TMI 65 - KERALA HIGH COURT)] - the assessee could not have claimed waiver of interest. - WP(C).No. 26339 of 2005 (I) - - - Dated:- 3-12-2012 - Antony Dominic, J. Appellant Rep. by : Sri P. Balakrishnan, Adv Respondent Rep. by : Sri P.K.R. Menon, Sr Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed was that provided in paragraph 2 clause (d) thereof which reads thus:- "Where any income which was not chargeable to income tax on the basis of any order passed in the case of an assessee by the High Court within whose jurisdiction he is assessable to income-tax and as a result, he did not pay income tax in relation to such income in any previous year and subsequently in consequence of any retrospective amendment of law or as the case may be, the decision of the Supreme Court in his own case, which event has taken place after the end of any such previous year, in any assessment or reassessment proceedings the advance tax paid by the assessee during the financial year immediately preceding the relevant assessment year is found to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as contemplated in paragraph 2 clause (d) was not available to the petitioner to claim the benefit thereof. 7. As held by the Apex Court in Hazi Anwar Others v. Competent Authority (252 ITR 1) interest under Section 234A, B C is mandatory. It is also settled that unless the claim for waiver or reduction come within the four corners of the conditions specified by the Central Government, interest levied under the aforesaid provisions cannot be waived (see in this connection - [Universal Trades Corporation v. Chief Commissioner of Income Tax Ors. (249 ITR 291)]. In this case, on facts I have already concluded that the claim of the petitioner did not come within clause 2(d) of the notification relied on. If that be so, the assessee coul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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