2001 (3) TMI 74

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....waiver of interest, under section 220(2A) of the Income-tax Act, 1961, for the assessment years 1979-80, 1980-81 and 1981-82 was rejected. The order of the Commissioner is a very elaborate order. Counsel for the assessee contended that for the assessment years in question, it was necessary to compute the extent of relief available under section 80J and as that section has been amended with retro....

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....t the assessee would have to face a very grave situation if the relief granted in the earlier years was to be withdrawn with retrospective effect. It was further observed that : "If the relief granted is now permitted to be withdrawn with retrospective operation, the assessee may be found guilty of violation of the provisions of other statutes and may be visited with penal consequences." The ma....

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.... under which the assessment had been made. The assessee went to the Commissioner seeking waiver. An objection, for waiver presumes that the liability exists, that it is capable of being enforced and that what is being sought is a relief against the enforcement of that liability. Section 220(2A) which had been invoked by the assessee, does not require or permit an enquiry into the validity of the ....