TaxTMI 
TaxTMI 
2022 (12) TMI 1462
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.... assailed legality and validity of the order dated 17.09.2002 passed by the 1st respondent under Section 220(2A) of the Income Tax Act, 1961 (briefly referred to hereinafter as the 'Act'). 3. By the aforesaid order, 1st respondent i.e., Commissioner of Income Tax-I, Hyderabad had partially allowed the claim of the petitioner for waiver of interest charged under Section 220(2) of the Act for the assessment years 1991-92 and 1993-94. 4. On 09.12.2002, this Court had admitted the writ petition for hearing with an interim stay subject to the condition that petitioner should deposit 1/3rd of the demand within a period of four (04) weeks. 5. Impugned order dated 17.09.2002 came to be passed by the 1st respondent in the back drop of the followi....
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....92 (S.C)]. 5.5. Following the orders passed by the Tribunal, assessing officer charged interest under Section 220(2) of the Act. 5.6. It was in such circumstances that petitioner filed separate petitions dated 03.04.2001 seeking waiver of interest for the aforesaid two assessment years. 6. 1st respondent by the order dated 17.09.2002 partly allowed the claim of the petitioner for the period from the order passed by the CIT(A) till the order passed by the Tribunal. 1st respondent held as follows: "8. On the basis of the foregoing, I hold that the assessee has to bear interest under sec. 220(2) for a part of the period. The assessee's plea for full waiver of interest under sec. 220(2), therefore, is not acceptable. The assessee, however,....
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..... 220(2) relates to any other issue, such interest is not liable to be reduced or waived by virtue of this order. In the result, the petitions for waiver are allowed in part as above." 7. Section 220 of the Act deals with a situation when tax is payable and when an assessee is deemed to be in default. Sub- Section (1) of Section 220 says that any amount otherwise than by way of advance tax, specified as payable in a notice of demand under Section 156 of the Act, shall be paid within 30 days of the service of notice. Prior to 01.04.1989, it was 35 days which has now been made 30 days by the Direct Tax Laws (Amendment) Act, 1987 with effect from 01.04.1989. 7.1. As per Sub-Section (2), if the amount specified in any notice of demand under....
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....ayable under Sub-Section (2) of Section 220 was due to circumstances beyond the control of the assessee; and 3. The assessee had co-operated in any enquiry relating to the assessment or any proceeding for the recovery of any amount due from him. 8. Considering the status of the petitioner, a view can be taken that none of the above pre-conditions were attracted in its case. Nonetheless substantial relief has been granted by the 1st respondent. 9. As already noticed in the earlier portion of this order, the dispute in question was regarding quantum of depreciation on theatre building. While in the two assessment years, petitioner had claimed 15% and 25% respectively, the same was allowed by the assessing officer to the extent of 10% only....
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....C) (supra) this Court has observed that business of a hotelier is carried on by adapting building or premises in suitable way. Meaning thereby building for a hotel is not apparatus or adjunct for running of a hotel. The Court did not proceed to hold that a building in which the hotel was run was itself a plant, otherwise the Court would not have gone into the question whether the sanitary fittings used in bath room was plant. (3) For a building used for a hotel, specific provision is made granting additional depreciation under Section 32(1)(v) of the Act. (4) Barclay, Curie and Co.'s case. 1969 (1) WLR 675 decided by the House of Lords pertains to a dry dock yard which itself was functioning as a plant that is to say, structure for the ....