1999 (8) TMI 11

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....RAMA REDDI J.---The petitioner has assailed the order dated January 25, 1989, passed by the Commissioner of Income-tax, Visakhaptnam, rejecting his request for waiver of interest under section 220(2A) of the Income-tax Act, 1961, for the assessment years 1973-74 and 1979-80. As far as the claim for waiver based on section 220(2A) is concerned, there is a clear finding to the effect that the petiti....

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.... the said condition has not been satisfied as regards the arrears of tax due for the year 1973-74 are concerned. With regard to the year 1979-80, the learned Commissioner observed that there was no interest payable under section 220(2) by the time the scheme came into force and, therefore, the question of allowing relief under the scheme does not arise. Concentrating on the question of remissio....

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....cheme. As regards the former aspect, i.e., regarding the validity of the condition imposed, as there is no direct challenge to the circular, we are not inclined to go into that question at this distance of time. However, whether the terms of the scheme promulgated by the Central Board of Direct Taxes can be so extended as to afford relief in genuine cases such as that of the petitioner, have to be....