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TMI Blog2019 (3) TMI 1311X X X X Extracts X X X X X X X X Extracts X X X X ..... ew 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. Court is of the considered view that the petitioner must be put on terms for reconsideration of the application submitted by him under Section 220 (2A) of the Income Tax Act seeking for waiver of interest.- Directed for part payment for consideration of application - W.P.(MD).No.6630 of 2019 And W.M.P.(MD) No.5289 of 2019 - - - Dated:- 21-3-2019 - Mr. Justice Abdul Quddhose For the Petitioner : Mr.R.Govindaraj For the Respondents : Mr.N.Dilip Kumar ORDER The instant writ petition has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment made by the petitioner totalling ₹ 20,19,442/- was also disclosed in the application filed by the petitioner under Section 220 (2A) of the Income Tax Act. The first respondent by his impugned order dated 02.01.2019 rejected the application of the petitioner on the ground that he did not cooperate with the Department at the time of scrutiny proceedings which culminated in the passing of an ex parte order under section 144 of the Income Tax Act. 4. According to the first respondent, on verification of cash flow statement of the petitioner for the year ended in 31.03.2018, it is seen that the petitioner has shown an amount of ₹ 5,86,000/- as payable on account of sundry creditors and ₹ 11,44,000/- as receivables ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first respondent. After consideration of the same, under the impugned order, the first respondent has observed that from the verification of cash flow statement of the petitioner for the year ended in 31.03.2018, it is seen that the assessee has shown an amount of ₹ 5,86,772/- as payable on account of sundry creditors and ₹ 11,44,000/- as receivables being debtors. But the cash flow statement submitted by the petitioner or any other documents submitted by the petitioner has not been reflected in the impugned order and this Court is also unable to gauge from the impugned order as to how the second respondent has come to the conclusion that the petitioner is not entitled for interest waiver. 8. There is no objective considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 2,00,000/- the petitioner shall also pay another sum of Rs.50,000/- (Rupees Fifty Thousand only) towards the expenses of sale on or before 26.03.2019 . (c) On payment of the aforesaid amount (a+b) totalling Rs.2,50,000/- (Rupees Two lakhs and Fifty thousand only), the impugned order shall stand quashed and the matter is remanded back to the file of the first respondent for fresh consideration in accordance with law; (d) The petitioner shall also pay the balance sum of Rs.3,65,518/- (Rupees Three lakhs Sixty Five thousand Five hundred and eighteen only) under the demand dared 10.10.2018 on or before 20.04.2019. (e) The first respondent shall afford sufficient opportunity to the petitioner to satisfy the requir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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