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2018 (12) TMI 1269 - HC - Income TaxWaiver of interest u/s 220(2) and Rule 5 of the Second Schedule to the Act - quantification of refund eligible in view of the expiry of time limit of one year from the end of the month in which the petition for waiver was filed - Held that:- There is no error in the order passed by the learned Single Judge in directing the respondent to decide the application for waiver dated 21.2.2017. The decision in the case of Strawboard Manufacturing Co. Ltd.[1952 (12) TMI 32 - SUPREME COURT] can be of no assistance to the case of the assessee, since it was a case where a Notification was issued under the Industrial Disputes Act, 1947 notifying a Tribunal to decide the issue within a time frame. The question was as to whether the Tribunal had become functus officio after the period had lapsed. The facts of the present case are entirely different since the case on hand is a case where there is exercise of statutory powers under Section 220(2A) of the Act, which also contains conditions to be fulfilled by the assessee.
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