TMI Blog2017 (8) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... meters, required to be complied with under Section 220(2A) of the Act. Therefore, the first respondent should have considered the said Petition, by treating it as Petition under Section 220 (2A). Therefore, considering the factual situation, it is clear that the petitioner sought for waiver under Section 220 (2A) and it is not revision under Section 264 for revising the earlier order passed by the Assistant Commissioner or for that matter. Hence, this Court is of the view that the matter requires to be re-considered by the first respondent, by treating the Petition as purely a Petition under Section 220(2A) of the Income Tax Act. Writ Petition is allowed, the impugned order is set aside and the matter is remanded to the first respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer charged interest under the said Section, at ₹ 48,290/-. 4. The petitioner filed a Petition before the first respondent, under Section 264 as well as Section 220 (2A) of the Act, and the prayer sought for thereunder was to waive the interest levied and/or sustained in full, in exercise of powers under Section 220 (2A) of the Act, and to Stay the recovery of the interest during the pendency of this Writ Petition. The first respondent, while rejecting the Petition by the impugned order, opined that only the correctness, legality or the propriety of the order will come within the scope of power of revision under Section 264 of the Act, and the petitioner, having not challenged, either the chargeability of the interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Petition as purely a Petition under Section 220(2A) of the Income Tax Act. 8. Accordingly, the Writ Petition is allowed, the impugned order is set aside and the matter is remanded to the first respondent for fresh consideration, who shall consider the Petition filed by the petitioner, dated 23.01.1999, as purely a Petition under Section 220 (2A) of the Act and decided the same, in accordance with law. It is seen that, at the time, when the Writ Petition was entertained, order of interim stay was granted on 06.10.2003, subject to the condition that the petitioner pays 30% of the impugned demand towards interest under Section 220(2) of the Act. The learned counsel for the petitioner submitted that the conditional order has been complied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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