2004 (12) TMI 57

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.... M.H.S. Ansari J.- The petitioner-assessee has questioned the order of the Commissioner of Income-tax (Central), Hyderabad, passed under section 220(2A) of the Income-tax Act, 1961 (for short "the Act"), rejecting the waiver petition filed by the petitioner. Interest is payable by the assessee, if the tax, as demanded, is not paid within the specified period. Waiver of interest for the assessme....

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....the assessment or any proceeding for the recovery of any amount due from him. A bare perusal of the above provisions contained under sub-section (2A) of section 220 of the Act would show that the discretion conferred upon the Commissioner to waive or reduce interest is circumscribed by the three conditions extracted supra. In exercise of its power of judicial review under article 226 of the ....

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....tended that although the petitioner satisfied conditions (i) to (iii), by the impugned order, the Commissioner has rejected the application on irrelevant considerations. Mr. S.R. Ashok, learned senior standing counsel for the Revenue, on the other hand, submitted that the order impugned is' a reasoned one and does not suffer from any legal infirmity. The petitioner, having failed to satisfy the....