TaxTMI 
TaxTMI 
2022 (4) TMI 973
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....ondent to waive off a sum of Rs. 28,61,596/- towards interest due on tax under Section 220(2) of the Income Tax Act, 1961 for the Assessment Year 2007-2008. 2. The petitioner had filed the return on 05.03.2009 for the Assessment Year 2007-2008 by admitting an income of Rs. 1,57,410/-. Thereafter, the petitioner appears to have informed the Income Tax Officer that there was an inadvertent mistake in the return and therefore, the taxable income was to be recomputed as Rs. 3,20,00,000/-, by which time, the time for filing revised return under Section 139 of the Income Tax Act, 1961 had expired. 3. Thereafter, the petitioner was issued with a notice dated 31.03.2014 under Section 148 of the Income Tax Act, pursuant to which, the petitione....
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....the provisions of the Income Tax Act, 1961 vide Waiver Application dated 06.04.2015. Meanwhile, the petitioner was also issued with another demand notice dated 02.08.2016 calling upon the petitioner to pay the aforesaid sum of Rs. 1,24,85,280/- which was challenged before the Madurai Bench of this Court in W.P.(MD) No.16001 of 2016. The said Writ Petition was disposed on 26.08.2016 by directing the Chief Commissioner of Income Tax, Tirchy to consider the Waiver Application dated 06.04.2015 filed by the petitioner for waiver of interest demanded in the Assessment Order. 5. Pursuant to the aforesaid order, an order dated 28.12.2016 came to be passed by the Chief Commissioner of Income Tax, Trichy. By the aforesaid order, the request of the....
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....jected by the Principal Commissioner of Income Tax, Salem vide order dated 14.02.2019 under Section 220(2A) of the Income Tax Act, 1961. Since the said waiver petition was rejected, the respondent issued a Demand Notice dated 21.02.2019 and demanded the aforesaid amount of Rs. 28,61,596/- from the petitioner. 9. It also appears that the petitioner had filed an appeal before the Income Tax Appellate Tribunal against the order dated 14.02.2019 passed by the Principal Commissioner of Income Tax, Salem under Section 220(2A) of the Income Tax Act, 1961 in ITA Nos.1041/Chny/2014. The said appeal was also dismissed vide order dated 18.12.2019 with liberty to obtain an alternative remedy since the appeal was not maintainable and order under Sect....
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....iver and filed a writ petition and thus the amount was belatedly paid by the petitioner after an order came to be passed on 09.12.2016, pursuant to the direction of this Court in W.P.(MD).No.16001 of 2016 of the Hon'ble Madurai Bench of this Court vide its order dated 26.08.2016. 13. The Junior Standing Counsel for the respondent submits that the interest is consequential and in terms of Section 220(2) of the Income Tax Act, 1961 and therefore, the petitioner is required to pay the interest, particularly, in the light of the fact that the request of the petitioner for waiver of interest was rejected by an order dated 14.02.2019 earlier. The Junior Standing Counsel for the respondent further submits that the fact that challenge to the....
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....ted 28.12.2016. There was an inordinate delay in payment of the Income Tax Act and interest thereon under Sections 234A, 234B and 234C of the Income Tax Act, 1961 and the aforesaid amounts were paid only after the application was rejected by an order dated 28.12.2016. After the aforesaid amount was paid, the respondents thus issued yet another notice under Section 220(2) of the Act by calling upon the petitioner to pay a sum of Rs. 28,61,596/-. 17. It is submitted that the impugned order which has been passed pursuant to the order of this Court is well reasoned and requires no interference. It is further submitted that the petitioner has not shown that the payment of amount would have cause genuine hardship to the petitioner or any of th....
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....the application is received: Provided further that no order rejecting the application, either in full or in part, shall be passed unless the assessee has been given an opportunity of being heard: Provided also that where any application is pending as on the 1st day of June, 2016, the order shall be passed on or before the 31st day of May, 2017. 21. Sub Section (2A) is an exception to Sub Section (1). The facts of the case are not in dispute. The petitioner had made an incorrect declaration in his Income Tax Returns for the Assessment Year 2007-2008 and thus, the assessment was sought to be reopened on 31.03.2014. An Assessment Order dated 30.01.2015 came to be passed, pursuant to which, a Demand Notice dated 30.01.2015 ....