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2015 (9) TMI 1245 - KERALA HIGH COURT

2015 (9) TMI 1245 - KERALA HIGH COURT - TMI - Waiver of interest as provided under section 220 (2A) - single Judge upheld the claim of the respondent and directed him entitled to the benefit of waiver of interest for the period up to the date provided for payment of tax under the revised order and demand issued on the basis of the Tribunal's order - Held that:- Though the Commissioner has accepted that the three conditions provided for in section 220(2A) are satisfied, he has chosen to limit the .....

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ered one, was remaining valid. That order was invalidated by the Tribunal only on 20.5.1998, in the appeal filed by the Revenue. In other words, it was only on 20.5.1998, the assessee became disentitled to assessment on the status of a registered firm.

The fact that this court has decided the issue in the case of Narayanan (supra) is of no consequence at all till 20.5.1998 when the appeal was decided by the Tribunal. This, therefore, shows that the reason which weighed with the Commis .....

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No. 1673 of 2008 (C), OP.23177/2002 - Dated:- 12-6-2015 - Antony Dominic And Shaji P. Chaly, JJ. For the Petitioner : Sri P K Ravindranathamenon (Sr) and Sri George K George, SC For the Respondent : Sri T M Sreedharan, Adv ORDER Antony Dominic, J. 1. This writ appeal is filed by the respondents in OP.23177/02. The original petition was filed by the respondent herein, seeking to challenge Ext.P8 order passed by the first appellant under section 220 (2A) of the Income Tax Act to the extent waiver .....

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sel appearing for the respondent. 3. Briefly stated facts of the case are that the respondent was a firm engaged in the business of arrack. Though it was assessed as a "registered firm" in the previous years, for the assessment years 1991-92 and 1992-93, the respondent firm was assessed as "unregistered". The Commissioner of Income Tax (Appeals) allowed the appeal filed by the assessee and directed the Assessing Officer to allow registration to the assessee for both years. On .....

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ed by the Tribunal in its favour on 20.5.1998, the issue was already decided by this Court in Narayanan & Co. v. Commissioner of Income Tax [223 ITR 209] by judgment dated 14.3.1996. Accordingly, the Commissioner held that the pendency of the Department's appeal in the Tribunal against the assessee was only a procedural matter and therefore the assessee is entitled to waiver of interest only up to March, 1996, when Narayanan (supra) was decided. This view taken by the Commissioner was se .....

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ating to the assessment or any proceedings for the recovery of any amount due from him. 6. Reading of the order shows that the Commissioner himself has accepted the position that in the case of the respondent, all the aforesaid conditions are satisfied. However, the Commissioner limited the benefit of waiver only up to March, 1996 and the reason thereof is that this Court has, in Narayanan (supra) decided the issue against the assessee therein by judgment dated 14.3.1996 and that the case of the .....

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