Case Law Details
Assessee filed Writ petitions against the order passed by Chief Commissioner for not allowing waiver interest under Section 234A, 234B and 234C of the Act. Held that, the petitioner will be entitled to waiver of interest to the extent of 30% in two assessment years on the two grounds. Firstly, this is not mentioned in the impugned order passed by the Chief Commissioner of Income Tax dated 7th April, 2008.
The impugned order has to be read and can be defended on the ground and reasons stated therein (Refer M.S. Gill versus Chief Election Commissioner, (1978) 1 SCC 405). Secondly that petitioner has been making payment to the respondents from time to time. The amounts paid, it appears have been adjusted first towards the interest due and then towards the principal amount.
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) Nos. 5621/2008 & 5649/2010
Gem Sanitary Appliances P. Ltd.
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