2015 (9) TMI 1245

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....(Sr) and Sri George K George, SC For the Respondent : Sri T M Sreedharan, Adv ORDER Antony Dominic, J. 1. This writ appeal is filed by the respondents in OP.23177/02. The original petition was filed by the respondent herein, seeking to challenge Ext.P8 order passed by the first appellant under section 220 (2A) of the Income Tax Act to the extent waiver of interest as provided therein w....

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....Income Tax (Appeals) allowed the appeal filed by the assessee and directed the Assessing Officer to allow registration to the assessee for both years. On a further appeal by the Revenue to the Tribunal, the order of the Commissioner was reversed and the order of the Assessing Officer was restored. 4. On the demand raised under section 143(3) of the Act, the assessee was made liable to pay inter....

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....ch judgment, this appeal is filed. 5. Section 220 (2A) contains three conditions, satisfaction of which are required for the Commissioner to reduce or waive the amount of interest, viz., (i) payment of such amount would cause genuine hardship to the assessee (ii) default in the payment of the amount on which interest is payable was due to circumstances beyond the control of the assessee and (ii....

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....ining the validity of that order, what is relevant to be examined is whether the reason assigned by the Commissioner for restricting waiver is valid or not. On such examination, it is seen that in March, 1996, though this Court decided the case of Narayanan (supra), the favourable appellate order obtained by the assessee herein in an appeal filed by them, entitling them for assessment treating the....