2013 (1) TMI 312

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....ORGE K. GEORGE, SC FOR IT JUDGMENT The parties to these writ petitions and the issues raised are common and therefore these writ petitions were heard and are disposed of by the common judgment. 2. In so far W.P.(C) No. 1463/2008 is concerned, petitioner challenges Ext.P9 order passed by the first respondent rejecting his application made under Section 220 (2A) for waiver of interest levi....

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....hardship to the assessee.   ii) That default in the payment of the amount on which interest is payable was due to circumstances beyond the control of the assessee and iii) That the assessee has co-operate in an enquiry relating the assessment or proceedings for recovery of any amount due from him. 4. As a result of the requirement that all the three conditions should be satisfied by ....

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....on the materials available before this court, I am unable to infer that the payment of interest by the assessee would cause any genuine hardship justifying invocation of power under Section 220 (2A) of the Act. Consequently, Ext.P9 order challenged in W.P.(C) No. 14634/08 has to be upheld. 6. This view taken by me is fortified by the fact that levy of interest under Section 220 (2) is for delay....

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....ly partially allowed. 8. In so far as W.P.(C) No. 10504/08 is concerned, the petitioner challenges Ext.P4 order where he sought waiver of interest levied under Sections 234 (A) and 234 B of the Income Tax Act. Interest under Sections 234 A & B could be waived by the first respondent, only if the conditions specified in the notification F.No. 400/29/2002-IT (B) dated 26th of June 2006 are satisf....