TMI Blog2021 (3) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ory provisions of the Act, which the petitioner failed to countenance with any direct and cogent evidence, except bald and vague plea of hardships.From the cumulative reading of the contents of the applications it is revealed that the applications were filed at the drop of the hat just to avail the remedy as provided under the Act, whereas the conditions enumerated therein are mutually to be complied with and not exclusive u/s 220(2A) of Act, 1967. None of the conditions as enumerated in Section 220 (2A) have been complied with the petitioner enabling to seek waiver of interest in accordance with law. The orders under challenge are not vitiated or there is a gross error apparent on the face, much less, erroneous or without application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders dated 30.12.2008. 3. The aforementioned assessment orders were challenged in appeal and modifications were made in the quantum of additions made in the successive assessment years. Substantial additions were made to the declared income which resulted in creation of huge demands of income tax along with interest u/s 234A, 234B and 23C. 4. Learned Counsel appearing on behalf of the petitioner submitted that as per separate orders dated 10.3.2014 proceedings under Section 220(2A) were initiated vide Ext.P9 series. Against the above orders Exts.P10 to P9 (g) applications for waiver of interest before the 2nd respondent, were submitted. The said applications, as per Exts.P11 to P11 (g) collectively, were dismissed by the 2nd respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner to make a claim for waiver of interest under Section 220(2A) of the Act. During the financial year 2018-19 itself, the petitioner remitted a sum of ₹ 77.21 lakhs in the petitioner's own case and ₹ 22 lakhs in the case of M/s. Hotel Akash. The findings with regard to income from other sources is not backed by any documentary evidence entailing dismissal of applications. 7. On the other hand, Shri.Jose Joseph, learned Counsel appearing for the respondent assisted by Sri.Navneet Nath submitted that none of the conditions as specified are cumulatively satisfied or exclusively made out for entertaining claim quawaiver of interest. In support of the above contentions, he relied upon the following case law. GTN Text ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reading of the contents of the applications it is revealed that the applications were filed at the drop of the hat just to avail the remedy as provided under the Act, whereas the conditions enumerated therein are mutually to be complied with and not exclusive under Section 220(2A) of Act, 1967, which read thus: Section 220(2A) in The Income- Tax Act, 1995 (2A) Notwithstanding anything contained in sub-section (2), the Chief Commissioner or Commissioner may reduce or waive the amount of interest paid or payable by an assessee under the said sub- section if he is satisfied that- (i) payment of such amount has caused or would cause genuine hardship to the assessee; (ii) default in the payment of the amount on which interest has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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