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TMI Blog2011 (1) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to quash the order dated 11.2.2009 at Annexure-B; order dated 23.3.2010 at Annexure-D passed by the 1st respondent; issue a writ of prohibition restraining the 2nd respondent from proceeding to recover the outstanding demand of interest charged under Sections 234B and 234C of the Income Tax Act, 1961 (for short IT Act) and, to issue a writ of mandamus directing the 1st respondent to consider t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act was not paid since he was seeking waiver by making an application to the 1st respondent under Section 119(2)(a) of the IT Act. The 1st respondent rejected the application except giving relief by waiving interest under Section 234A of the IT Act to the extent levied, retaining the levy of interest under Sections 234B and 234C of the IT Act vide Annexure-B. Being aggrieved, the petitioner filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Income Tax Which he failed to exercise, much less, he has not assigned any reasons to opine that the assessee is not entitled for the exemption as per Section 234-B and 234-C of the IT Act. 6. Sri M.V. Sheshachala, learned standing counsel for the respondents submitted that the circular does not apply to the case on hand. Therefore, he contended at the most, against the impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X .....
8. In the circumstances, it is for the petitioner to approach the Board under Section 119 of the IT Act or else, to pay the interest as ordered. Accordingly, the petitions are disposed of. However, the petitioner is given time to approach the Board within Two months from the date of receipt of this order. In the meanwhile, the Board is directed not to enforce the recovery. X X X X Extracts X X X X X X X X Extracts X X X X
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