2009 (6) TMI 598

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..... on 220(2A) of the Income-tax Act, 1961 seeking waiver of interest due on delayed payment of tax, with respect to the assessment year 1988-89. The petitioner filed return for the said year declaring a total income of Rs. 59,410. The assessment was completed under section 143(3) on a total income of Rs. 5,51,190, and the petitioner conceded additional income of Rs. 4,91,769, to make up discrepancies .....

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..... cause genuine hardship to the assessee.   (2) Default in payment of the interest which has been paid or was payable under the said sub-section was due to circumstances beyond the control of the assessee and   (3) The assessee has co-operated in any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him.   3. The Commissioner of Income-ta .....

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..... s clear failure on the part of first respondent in not considering the fact that the petitioner firm has got huge liabilities during assessment years 1998-99 and 1999-2000, as evidenced from their balance-sheet, and hence, the findings that the assessee has got sufficient income during the subsequent years, is not factually correct. For evaluating the question whether condition No. (1) above has b .....

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..... rest due under sections 139(8) and 217 was allowed. Further, payment of the tax amount in installments was allowed. From these facts alone it could not be said that the default occurred due to any circumstances which were beyond the control of the assessee. However, relying on the decision of this court in G. T. N. Textiles Ltd. v. Deputy CIT [1996] 217 ITR 653, the first respondent found that all .....

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..... exhibit P6 I do not think that there is any non-application of mind or non-advertance to the contentions. The first respondent had properly considered the different aspects of the issue, based on the statutory conditions. Hence, I do not find any impropriety or irregularity in exhibit P6 proceedings.   7. In the result the writ petition is devoid of merit and accordingly dismissed. &nb .....

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