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Friday, September 28, 2012

Financial difficulty cannot be the Ground to seek waiver of interest u/s. 234B & 234C held Supreme Court

Financial difficulty cannot be the Ground in seeking waiver of interest u/s. 234B & 234C

BEFORE THE SUPREME COURT OF INDIA
De Souza Hotels (P.) Ltd.
vs.
Chief Commissioner of Income-tax
S.H. KAPADIA, CJ.
AND A.K. PATNAIK, J.

CC NO. 13729 OF 2012

AUGUST 21, 2012
---------------------

ORDER

Assessee filed a writ petition contending that grant for waiver/refund should be granted u/s. 234B & 234C as due to financial difficulties. 

The Petition was filed contending that the same has been declined under misinterpretation or may be narrow interpretation of Order F.No. 400/29/2002-IT(B), dated 26-6-2006 issued by the Central Board of Direct Taxes (CBDT).


The said Order was issued by CBDT in exercise of power under section 119(2)(a) and paragraph 2(d) of Order specifically mentioned that it would not apply to sections 234B and 234C of the Income Tax Act, 1961.


Issue: whether in view of the above, the assessee was entitled to waiver/reduction of interest or not? 

Hon'ble Supreme Court dismissed the Special Leave Petition.

...xxx...

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