SHAHINA BABU Vs. CHIEF COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) PETITIONER made an application seeking waiver of interest as provided under Section 220(2A) of the Income Tax Act (in short 'the Act'). That application was considered and by Ext.P8 order, waiver to the extent of 50% of the interest due, has been granted. It is complaining denial of waiver to the extent of as sought for, this writ petition has been filed.

(2.) HEARD the learned counsel appearing for the petitioner who mainly contends that although the petitioner has satisfied the three conditions laid down in Section 220(2A) of the Act, the Commissioner has acted illegally in denying full benefits. However, having gone through Ext.P8 order and the provisions contained in Section 220(2A), I am unable to find any illegality in Ext.P8.

(3.) IN GTN Textiles Ltd. v. Deputy Commissioner of Income Tax and Another (217 ITR 653 [Ker]) and Dr. K. Parameswaran Nair v. Assistant Commissioner of Income Tax and another (245 ITR 210 (Ker), relied on by the learned counsel for the Revenue, it has already been held that all the three conditions contained in Section 220(2A) are to be satisfied by an assessee to claim the benefit of the waiver. In this case, the contention of the petitioner for waiver has been considered and the first respondent has held as follows :-