Facts of the Case

The petitioners, a partnership firm engaged in jewellery business and one of its partners, challenged the orders passed by the Chief Commissioner of Income Tax rejecting their application for waiver of interest under Section 220(2A) of the Income Tax Act.

A search and seizure operation under Section 132 was conducted on 28 October 1992, during which jewellery worth approximately ₹14.79 lakh was seized. Subsequently, the Income Tax Department determined undisclosed income and retained the seized jewellery.

The assessee filed its return of income for Assessment Year 1993-94. Though additions were substantially reduced in appeal, tax liability remained payable. The assessee had requested the department in 1994 to sell the seized jewellery and adjust the sale proceeds against outstanding tax dues. However, no action was taken by the department.

Over the years, the assessee made substantial payments towards tax demand and interest. Despite this, interest under Section 220(2) continued to accumulate. The assessee thereafter sought waiver of such interest under Section 220(2A), citing financial hardship, departmental inaction, and wrongful retention of jewellery.

The Chief Commissioner rejected the request, holding that the assessee had failed to establish genuine hardship as required under Section 220(2A).

Issues Involved

  1. Whether the assessee had established "genuine hardship" for the purpose of obtaining waiver of interest under Section 220(2A) of the Income Tax Act.
  2. Whether the Income Tax Department's failure to sell the seized jewellery and adjust tax dues constituted a relevant circumstance for granting waiver.
  3. Whether the authority had properly considered the conditions prescribed under Section 220(2A) while rejecting the waiver application.
  4. Whether the prolonged retention of seized jewellery and departmental delay justified reduction or waiver of interest.

Petitioner’s Arguments

The petitioners contended that:

  • They had requested the department as early as 1994 to sell the seized jewellery and appropriate the proceeds towards tax liability.
  • The department failed to act upon this request despite having possession of the jewellery.
  • They had substantially cooperated in assessment and recovery proceedings.
  • Their financial position did not permit immediate clearance of the entire demand.
  • The department wrongfully retained the jewellery for nearly fourteen years.
  • There was considerable delay and inaction on the part of the revenue authorities in deciding the waiver application.
  • Interest under Section 220(2) became excessive largely because of departmental lapses and failure to act upon the assessee’s request.
  • The impugned order was cryptic, non-speaking and failed to consider relevant facts and legal submissions.

The petitioners relied upon the Supreme Court decision in B.M. Malani v. CIT & Anr., (2008) 306 ITR 196 (SC) concerning interpretation of "genuine hardship" under Section 220(2A).

Respondent’s Arguments

The Revenue contended that:

  • Waiver under Section 220(2A) can be granted only when all statutory conditions are satisfied.
  • The assessee had not demonstrated genuine hardship.
  • Interest amounting to ₹7,04,175 had already been paid by the assessee.
  • Since payment had already been made, the claim of hardship lacked substance.
  • The conditions stipulated under Section 220(2A) were not fulfilled and therefore waiver could not be granted.

Court Findings

The Delhi High Court held that the orders rejecting waiver of interest were legally unsustainable.

The Court observed that:

  • The authority failed to properly consider the grounds raised by the assessee.
  • The impugned order was cryptic and lacked adequate reasoning.
  • The Chief Commissioner incorrectly concluded that no case of genuine hardship had been pleaded.
  • Payment of interest at a later stage did not automatically negate hardship suffered during the period of default.
  • The department ignored the assessee's request for sale of seized jewellery and adjustment of tax dues.
  • The Revenue retained the jewellery for an unreasonably long period without taking action under the statutory provisions.
  • There was substantial delay and administrative inaction on the part of the department.
  • The principles laid down by the Supreme Court in B.M. Malani v. CIT required a purposive interpretation of "genuine hardship."

The Court emphasized that statutory authorities must exercise discretion under Section 220(2A) judiciously and after proper consideration of all relevant circumstances.

Court Order

The Delhi High Court:

  • Set aside the reasoning adopted in the impugned orders.
  • Granted waiver of interest under Section 220(2) to the extent of ₹2,25,000.
  • Directed the Revenue to refund or waive the said amount within six weeks.
  • Ordered that if payment was not made within six weeks, interest at 10% per annum would become payable.
  • Directed immediate return of the seized jewellery, if not already returned.
  • Ordered payment of damages of ₹10,000 per month in case of further delay in returning the jewellery.

Accordingly, the writ petition was disposed of.

Important Clarification by the Court

The Court clarified that:

  • Genuine hardship does not cease to exist merely because the assessee ultimately pays the interest amount.
  • The relevant consideration is whether hardship existed during the period of default.
  • Authorities must examine all circumstances surrounding the delay in payment.
  • Revenue authorities cannot remain inactive when an assessee requests adjustment of seized assets towards tax liability.
  • Administrative delay and wrongful retention of seized assets are relevant considerations while deciding applications under Section 220(2A).

Sections Involved

  • Section 220(2) – Interest for Default in Payment of Demand
  • Section 220(2A) – Waiver or Reduction of Interest
  • Section 132 – Search and Seizure
  • Section 132(4) – Statement During Search
  • Section 132(5) – Retention of Seized Assets (as applicable then)
  • Section 132B – Application of Seized Assets
  • Section 143(3) – Assessment
  • Section 154 – Rectification of Mistake
  • Section 234A – Interest for Delay in Filing Return
  • Section 234B – Interest for Default in Payment of Advance Tax
  • Section 234C – Interest for Deferment of Advance Tax
  • Section 250 – Orders of Commissioner (Appeals)
  • Section 271(1)(c) – Concealment Penalty
  • Explanation 5 to Section 271(1)(c)

Link to download the order –https://delhihighcourt.nic.in/app/case_number_pdf/2011:DHC:4618-DB/SKN09092011CW35402010.pdf


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