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2015 (10) TMI 948 - ANDHRA PRADESH HIGH COURT

2015 (10) TMI 948 - ANDHRA PRADESH HIGH COURT - [2016] 382 ITR 307 - Waiver of interest under Section 220(2) rejected - non-payment of amount, within time - Held that:- A perusal of the impugned order, which is extracted above, shows that the 1st respondent Commissioner, has not considered the grounds raised by the petitioner in the petition filed under Section 220(2A) of the Act and has passed an order bereft of reasons.

The settled legal proposition is that the impugned order itself .....

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y the time it comes to court on account of a challenge, get validated by additional grounds later brought out. In as much as the impugned order is bereft of any reasons and further the same has not dealt with the contentions raised by the petitioner in his application filed under Section 220(2A) of the Act, and in view of the above facts and circumstances and the law laid down by Apex Court, the impugned order cannot be sustained and the same is hereby set aside. - Matter remanded back - Decided .....

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G.Sanjeeva Reddy, who is said to be a partner of M/s S.V. Constructions, an agreement of sale was found, as per which, the petitioner was found to have individually paid an amount of ₹ 1,22,50,000/-, out of ₹ 4.9 lakhs, for purchase of landed property, along with three others and he has explained the source of income. Out of the total amount, which the petitioner has paid, the assessment officer accepted the petitioners contribution of ₹ 5,00,000/- and the balance amount of  .....

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accepting the explanation of the petitioner, deleted the addition of ₹ 25,00,000/- and confirmed the balance amount of ₹ 1,17,50,000/-, as unexplained investment, for tax. Aggrieved by order of the Commissioner (Appeals), in confirming the assessment order for ₹ 1,17,50,000/-, the petitioner filed appeal before the Income Tax Appellate Tribunal and similarly assailing the deletion of ₹ 25,00,000/-, the Revenue filed cross-appeal. The Tribunal by order dated 25.1.2012 allo .....

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29,13,413/- under Section 220(2) of the Income Tax Act, 1961. Explaining the grounds for non-payment of amount, within time, the petitioner filed a petition under Section 220(2A) of the Act, seeking waiver of interest and by the impugned order dated 16.2.2015, the 1st respondent Principal Commissioner of Income Tax, rejected the petition. Hence the writ petition. 3. The impugned order reads as under: There are no reasonable grounds nor hardship exists in the instant case warranting waiver of int .....

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er does not contain reasons, the Department has filed a detailed counter affidavit justifying the rejection of the claim of the petitioner for waiver of interest and hence, the impugned order does not warrant interference. 6. A perusal of the impugned order, which is extracted above, shows that the 1st respondent Commissioner, has not considered the grounds raised by the petitioner in the petition filed under Section 220(2A) of the Act and has passed an order bereft of reasons. 7. The settled le .....

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