TMI Blog2007 (11) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, who is an assessee under the provisions of the Income-tax Act, is aggrieved by an order passed by the Chief Commissioner of Income-tax rejecting the request of the petitioner for extending the relief under section 220(2A) of the Income-tax Act, 1961, which is a provision which enables an assessee to seek for waiver of interest payable on the delayed payment of tax demanded pursuant to a notice issued under section 156 of the Act and for defaulting in payment of tax beyond the permitted period. 2. It appears, the assessee, for the assessment years 1992-93, 1994-95 and 1995-96 had not filed his returns in time and the income-tax authorities had occasion to issue notice under section 148 of the Act calling upon the assessee to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the person mentioned in the notice Provided that, where the Assessing Officer has any reason to believe that it will be detrimental to revenue if the full period of thirty days aforesaid is allowed, he may, with the previous approval of the joint commissioner, direct that the sum specified in the notice of demand shall be paid within such period being a period less than the period of thirty days aforesaid, as may be specified by him in the notice of demand. (2) If the amount specified in any notice of demand under section 156 is not paid within the period limited under sub-section (1), the assessee shall be liable to pay simple interest at one per cent. for every month or part of a month comprised in the period commencing from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out prejudice to the provisions contained in sub-section (2), on an application made by the assessee before the expiry of the due date under sub-section (1), the Assessing Officer may extend the time for payment or allow payment by instalments, subject to such conditions as he may think fit to impose in the circumstances of the case. (4) If the amount is not paid within the time limited under sub-section (1) or extended under sub-section (3), as the case may be, at the place and to the person mentioned in the said notice the assessee shall be deemed to be in default." 5. Learned counsel further submitted that the impugned order at annexure A denying benefit to the assessee is bad for not showing such awareness; that it is not a speaki ..... X X X X Extracts X X X X X X X X Extracts X X X X
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