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TMI Blog2018 (1) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... hander, learned counsel for the petitioner, Mr.A.P.Srinivas, learned Special Government Pleader appearing on behalf of the respondent. 2.The writ petition has been filed by the assessee challenging an order passed by the respondent dated 15.04.2005 under Section 119 (2) (a) of the Income Tax Act 1961 [for short "the Act ]. This order has been passed based on the application filed by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing thereafter, but it appears that after several notices were issued, the Assessee filed return on 07.01.1994 and subjected for assessment. In the background of the conduct of the Assessee it has to be seen as to whether the Assessee is entitled to the waiver of the statutory interest payable under Sections 234A, 234B and 234C of the Act. 4.The Hon'ble Division Bench in the case of Chief Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 1961 Act, in the classes of cases or classes of incomes specified in paragraph 2 of the said Circular. 11.3 The extent to which the said delegatees, i.e., Chief Commissioner/Director General of Income Tax, may waive or reduce the interest has been left to their discretion. 11.4 Furthermore, the Circular makes it clear that no reduction or waiver of interest under the provisions referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the Revenue had passed the reassessment order. As noted above, the assessee, at that stage, as advised, it appears, has also paid interest under sections 234A, 234B and 234C of the 1961 Act." 6.Thus, the discretion conferred upon the respondent is clearly circumscribed and set out in paragraphs 2(a) to 2(d) of the Circular dated 26.06.2006. The right to claim waiver of the interest is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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