9911796707
TMI Blog2019 (3) TMI 1311X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the tax amount payable as per the Assessment order. After paying the said amount, the petitioner submitted an application under section 220(2A) of the Income Tax Act seeking waiver of interest. By a demand dated 10.09.2018 made by the third respondent, the petitioner was directed to pay a sum of Rs. 5,86,772/- as interest under Schedule 2 of Rule V of the Income Tax Act and an additional sum of Rs. 5,65,518/- also towards the interest under section 220(2) of the Income Tax Act. On receipt of the demand, the petitioner filed an application under Section 220(2A) of the Income Tax Act seeking waiver of interest before the first respondent and he submitted an application on 01.10.2018 on the following grounds: (a) The demand was because of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first respondent and continues to maintain that only by mortgaging the property he was able to pay the tax amount, that too in instalments and he is not in a position to pay the interest due to his financial crunch. The learned counsel for the petitioner stated that the first respondent is bringing his property for sale as per the sale proclamation dated 21.02.2019 and the auction is slated to take place on 26.03.2019. In such circumstances, the instant writ petition has been filed. 6. By letter dated 10.10.2018, the second respondent called upon the petitioner to appear before him with the following details: (i) Brief nature of the business carried out by him as of now; (ii) Copies of financial statements of the returns of income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factors ought to have been considered by the first respondent in the impugned order. 9. If the petitioner is a genuine person and does not have any dishonest intention of not paying the interest, despite having the means, he should not be made to suffer. The available evidence on record is not sufficient to prove his guilt. Considering all these factors, this Court is of the considered view that the petitioner must be given one more opportunity to present his case with supporting documents to establish that he is facing financial crunch and does not have the means to pay the interest as demanded by the respondents. 10. However, this Court is of the considered view that the petitioner must be put on terms for reconsideration of the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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