B M MALANI Vs. COMMR OF INCOME TAX

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the judgment and order dated 27. 7. 2006 passed by the High Court of Judicature of Andhra Pradesh at hyderabad in Writ Petition No. 2672 of 2003 whereby and whereunder the Writ Petition filed by the appellant herein against an order dated 26. 11. 2002 passed by the Commissioner of Income Tax rejecting the application filed by the appellant herein under Section 220 (2-A) of the income Tax Act, was dismissed.

(3.) SECTION 220 (2a) of the Act contains a non-obstante clause. It confers a jurisdiction upon the Chief Commissioner or Commissioner to reduce or waive the amount of interest paid or payable by an assessee thereunder, 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 amount on which interest has been paid or was payable under the said sub-section was due to circumstances beyond the control of the assessee; and (iii) Assessee has co-operated in any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him.