New Era Urban Amenities Ltd. v. The Commissioner of Income-tax, Chennai - III, Chennai / The Assistant Commissioner of Income-tax, Central Circle III(4), Chennai
[Citation -2017-LL-0718-25]
| Citation | 2017-LL-0718-25 |
|---|---|
| Appellant Name | New Era Urban Amenities Ltd. |
| Respondent Name | The Commissioner of Income-tax, Chennai - III, Chennai / The Assistant Commissioner of Income-tax, Central Circle III(4), Chennai |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 18/07/2017 |
| Judgment | View Judgment |
| Keyword Tags | demand notice • interim stay • waiver of interest |
| Bot Summary: | The petitioner filed a Petition before the first respondent, under Section 264 as well as Section 220 of the Act, and the prayer sought for thereunder was to waive the interest levied and/or sustained in full, in exercise of powers under Section 220 of the Act, and to Stay the recovery of the interest during the pendency of this Writ Petition. The first respondent, while rejecting the Petition by the impugned order, opined that only the correctness, legality or the propriety of the order will come within the scope of power of revision under Section 264 of the Act, and the petitioner, having not challenged, either the chargeability of the interest under Section 220 of the Act, or the quantification of interest for the relevant assessment years, such relief cannot be granted to the petitioner, and the Petition was held to be not maintainable, though there are certain other observations, touching upon the merits, essentially, the first respondent came to the conclusion that the Petition U/s.264 of the Act, seeking for waiver is not maintainable. As pointed out earlier, in the preceding para, the petitioner has not only filed a Petition under Section 264 of the Act it is under Section 220(2A) of the Act as well. The first respondent could have very well treated the Petition, as a Petition for waiver under Section 220(2A) of the Act, as the Commissioner has been empowered to deal with such Petition by the Central Board. The first respondent should have considered the said Petition, by treating it as Petition under Section 220. In 5 treating the Petition as purely a Petition under Section 220(2A) of the Income Tax Act. Accordingly, the Writ Petition is allowed, the impugned order is set aside and the matter is remanded to the first respondent for fresh consideration, who shall consider the Petition filed by the petitioner, dated 23.01.1999, as purely a Petition under Section 220 of the Act and decided the same, in accordance with law. |