2019 (11) TMI 588

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....umstances which have driven the petitioner to file the present writ petition :- In respect of the Assessment Year 2010-11, an order was passed on 28.03.2014, wherein and whereby, the Assessing Officer imposed the tax liability as well as other statutory liabilities on the petitioner thereby, computing the total tax payable as Rs. 1,05,76,151/-. The petitioner challenged the said order of assessment before the Commissioner of Income Tax (Appeals). The said Appellate Authority by order dated 31.07.2017 partly allowed the appeal and reduced the tax liability. Consequent to the order passed by the Appellate Authority, the Assessing Officer through his proceedings dated 04.09.2017, passed a giving effect order, wherein and whereby, he made a de....

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....e Directors of the assessee Company could have easily made the payment of interest, when they themselves have given loans to the assessee to the tune of Rs. 42,00,000/- for making the payment of income tax. The learned counsel invited this Court's attention to Section 220(2A) of the Income Tax Act and submitted that when the petitioner/assessee, through their application for waiver, has pleaded and satisfied all the three parameters referred to in the above said provision, the first respondent ought to have considered the application favorably and granted the waiver of interest. 5. On the other hand, the learned senior standing counsel appearing for the respondents/Revenue after reiterating the contentions raised in the counter affidav....

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....on dated 13.12.2017 under Section 220 (2A) of the Income Tax Act, 1961. 8. Perusal of the Waiver Petition filed before the first respondent, placed in the typed set of papers before this Court, indicates that the petitioner has stated some reasons and circumstances also by enclosing some documents in support of such contentions, justifying their claim for waiver of interest. 9. This Court, at this stage, is not inclined to go into such contentions and express any view as of now, since this Court, is of the view that it is for the first respondent to consider and decide all those contentions afresh, as the impugned order does not reflect anywhere as to the consideration of those contentions raised by the petitioner in detail, except to sta....