2013 (2) TMI 428

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....NT   Petitioner made an application seeking waiver of interest as provided under Section 220(2A) of the Income Tax Act (in short 'the Act'). That application was considered and by Ext.P8 order, waiver to the extent of 50% of the interest due, has been granted. It is complaining denial of waiver to the extent of as sought for, this writ petition has been filed.   2. Heard the lea....

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.... 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.   4. In GTN Textiles Ltd. v. Deputy Commissioner of Income Tax and Another (217 ITR 653 [Ker]) and Dr. K. Param....

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....lar source of income to cover all the liabilities including upkeep and maintenance of the family. At the same time it is noticed that as per the records, the petitioner's husband, the deceased assessee, had acquired many immovable properties in names of himself, his wife the petitioner and in their joint names. Further, as per the lease deed executed by the petitioner on 15.5.08, the office pre....

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....us assets in her name and also has many income there from, the Commissioner has not satisfied that the petitioner was eligible for the full waiver. Such exercise of discretionary power of the Commissioner cannot said to be perverse warranting interference in a proceedings under Article 226 of the Constitution of India.   Therefore, the prayer to interfere with Ext.P8 has to be rejected and....