1998 (11) TMI 16

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.... of the Income-tax Act, 1961, for the years 1974-75 to 1984-85 as also for other years was rejected by the Commissioner who held that no undue hardship was caused to the assessee by the assessee having to pay the interest so levied. It is submitted by learned counsel for the assessee that the amount of interest for all these years as also for other years was collected by the Revenue at the time....

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....and not at any subsequent point of time. In the case relied upon by counsel, the assessee's request for waiver had been rejected on the ground that the amounts had already been collected and no other reason was given for the rejection. The court in that background held that the word "case" referred to in clause (i) of sub-section (4) of section 18B of the Wealth-tax Act, 1957, has a reference to t....

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....yment by itself may not be held against the applicant seeking waiver, if there are other circumstances, warranting waiver, when it is a matter of record that at the time the waiver was sought and at the time the order was passed thereon, the assessee had received a very substantial sum of Rs. 5.50 lakhs as consideration for the sale of his property and the amount of interest which he was required ....