The aassessee  has claimed depreciation at 15 % and 25%. The Assessing Officer allowed the depreciation at 10 %.Commissioner has waived part of interests. On writ dismissing the petition the Court held that  considering the status of the assessee, none of the preconditions mentioned in section 220(2A) were satisfied in its case. None the less substantial relief had been granted by the Commissioner. The dispute in question was regarding the quantum of depreciation on theatre building. While in the two assessment years, the assessee had claimed 15 per cent. and 25 per cent., respectively, depreciation was allowed by the Assessing Officer to the extent of 10 per cent. only in the two orders of assessment. There was no good ground to interfere with the order dated September 17, 2002 passed by the Commissioner granting partial waiver of interest.(AY.1991-92, 1993-94)