2015 (1) TMI 425

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....ld be assessable as business income and not under the head of income from other sources. In the assessment orders passed against the petitioner, the Assessing authority under the Income Tax Act found that the interest income would be treated as income from other sources.  The assessment proceedings attained finality in the year 2003, consequent to the decision of the High Court on the said issue, in the case of the petitioner. In the present writ petition, the petitioner is aggrieved by Exts.P8 and P10 orders, both dated 11.2.2010, whereby his claim for waiver of interest levied under Section 234A, B and C, and Section 220(2) of the IT Act, were rejected by the 1st respondent through separate orders. Exts.P8 and P10 are impugned in the....

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....ications issued through the Board Circular dated 26.6.2006. In Ext.P8 order, the 1st respondent considers the contentions of the petitioner, against each of the four categories of situations that are prescribed in the aforementioned circular for grant of waiver of the interest levied under Section 234A, B and C. The 1st respondent has come to the definite conclusion that the case of the petitioner does not fall within the purview of the Board's Circular and therefore there was no scope for granting any waiver of interest under Sections 234A, B and C in the instant case. On a perusal of the said order of the 1st respondent Commissioner, I am convinced that the exercise of discretion by the Commissioner has been validly done and I see no ....