Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 1754 - HC - Income TaxWaiver u/s 220(2A) - non payment of interest under section 234-A, B, C - HELD THAT:- Applying the principle mentioned in the said case, namely, Poompuhar Shipping Corpn. Ltd. [2017 (11) TMI 578 - MADRAS HIGH COURT] case, and also the principle in general that, the genuine hardship in Indian condition is nothing but the financial hardship as held in CARBORANDUM UNIVERSAL LIMITED [1989 (10) TMI 1 - SUPREME COURT] , the present reason cited by the Revenue in the impugned order, in the considered view of this court, cannot be considered to be a worthy reason for rejecting the plea made by the assessee for waiver. Since the assessee already complied with the third condition and in respect of the 1 and 2 conditions, which are coupled with each other, regarding the genuine hardship, to some extent the assessee was able to demonstrate the reasoning, it should have been considered in proper perspective by the Revenue. Any further supporting document or materials required by the Revenue, that could have been called for from the assessee. No doubt, the issue with regard to the chance of personal hearing is not decided in this case for the reason set out above, at least, the additional particulars could have been called for by the Revenue. No such exercise seems to have been taken by the Revenue and without making such exercise, this Court is at loss to understand, as to how the Revenue has come to the conclusion that the assessee was not able to establish the case of genuine hardship cogently and clearly with reference to their books of accounts and cash availability. This Court is of the considered view that, the respondent, being a quasi judicial authority, while exercising its power of discretion vest in them u/s 220(2A) of the Act, has not acted judiciously with cogent and plausible reasons with supporting materials. Therefore, this Court has no hesitation to hold that, the impugned order is not sustainable, accordingly, it is liable to be interfered with. While making such re-consideration, it is open to the respondent to seek for further materials/documents from the assessee and once such demand is made to the assessee for producing additional documents in support of his case to prove the genuine hardship as claimed by them, the assessee shall immediately produce those documents and cooperate with the Revenue for concluding the decision to be taken. The aforesaid exercise as directed above, shall be undertaken by the Revenue within a period of 3 months from the date of receipt of copy of this order.
|