1 The issue raised in this writ petition pertains to the request made by the petitioner for waiver of interest under S.220(2A) of the Income tax Act, 1961. The assessment year is 1988-89. Ext. P1 is the assessment order. After adjustments the net liability towards interest is Rs. 1,27,772/-. Petitioner filed Ext. P7 application under S.220(2A) for waiver of interest. The same was rejected as per Ext. P8. The said order passed by the Commissioner is under challenge in the writ petition.

2 Sri. Balachandran, learned senior counsel appearing for the petitioner, submits that the Commissioner has not properly applied the law governing S.220(2A) to the fact situation. According to the learned senior counsel irrelevant factors have been taken into consideration while leaving out the relevant. Sri. Raveendranatha Menon, learned senior counsel appearing for the Revenue submits that Ext. P8 order is passed after taking into consideration all the relevant factors and that the Commissioner has exercised his power in accordance with law and has passed a proper order.

3 S.220(2A) reads as follows:-
"220(2A) Notwithstanding anything contained in sub-s.(2), the Chief Commissioner or Commissioner may