9911796707
TMI Blog2000 (6) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... as a search in the residential premises of the petitioner and also in the hospital run by him. At the time of search, some cash and documents were seized. After search, revised returns were filed and exhibit P-1 is the statement showing additional income, additional tax and interest charged and penalty imposed. The revised tax paid as per the revised assessment was very huge. The petitioner paid t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee ; (ii) default in the payment of the amount on which interest (has been paid or) was payable under the said sub-section was due to circumstances beyond the control of the assessee ; and (iii) the assessee has co-operated in any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him." The Commissioner of Income-tax has considered the matter and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l payments came to Rs. 80,72,790 leaving a balance of Rs. 83,09,320, and, therefore, it is not correct to say that the payment of interest under section 220(2) will cause genuine hardship to the assessee. The assessee's argument is that a major part of the suppressed income was invested in the hospital building and, therefore, it is not readily available for payment. But, it would indicate that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces beyond the control of the assessee. All the three conditions mentioned in section 220 should be satisfied before granting the waiver. Hence, the second condition was not satisfied. I see no ground to interfere with the above order. There is no patent illegality or error of jurisdiction in the order passed by the Income-tax Officer. This court is not sitting in appeal under article 226 or 227 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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