1996 (1) TMI 78

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..... terest on the assessed taxable amount. The petitioner's contention is that as he has obtained stay of the recovery, the authorities ought not to have levied interest on the taxable amount. Counsel appear ing for the Department submits that the levy of interest is automatic and it is axiomatic and it does not depend upon the whims and wishes of the authority. In support of his contention, he relies .....

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..... only if the conditions laid in the above section are satisfied. The stay obtained by the petitioner is only a stay for the recovery of the amount and not for the levy. Obtaining stay will not be a ground under sub section (2A) of section 220 of the Income-tax Act to waive the interest. In my view the order of the Commissioner needs no interference. This writ petition, in my view, deserves to be d .....

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