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2019 (11) TMI 588 - HC - Income TaxWaiver of interest u/s 220(2A) - payment of tax in arrears - whether the petitioner has satisfied the three conditions provided u/s 220 (2A) - HELD THAT:- It is seen that the Appellate Authority has reduced the tax liability of the petitioner. The said order of the Appellate Authority was given effect to by the Assessing Officer on 04.09.2017 by raising a demand of arrears of tax of ₹ 97,22,499/- and interest under Section 220(2) of ₹ 26,82,187/-. It is claimed by the petitioner that the entire tax liability has been paid within 30 days from the date of receipt of the giving effect order. Their dispute is with regard to the interest claimed. Therefore, the petitioner filed the Waiver Petition dated 13.12.2017 under Section 220 (2A). While considering the application for waiver of interest, the first respondent should apply his mind, as to whether the petitioner has satisfied the three conditions provided under Section 220 (2A) of the said Act in order to grant waiver. Therefore, application of mind of the first respondent should be apparent on the face of the order passed under Section 220 (2A). The first respondent has passed the rejection order only on the ground that the Directors of assessee Company have given loans to the assessee and that the assessee has been receiving a rental income of ₹ 1,12,500/- per month, he has not adverted to any of the contentions raised by the assessee in the waiver application in order to decide as to whether, the petitioner is entitled for waiver or not. Therefore, this Court, is inclined to remit the matter back to the first respondent to reconsider the matter afresh and pass orders on the merits and in accordance with law.
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