The petitioner in respect of the tax due for the AYs. 1996-97 and 1997-98, had applied for the waiver under S.  220(2A) of the Act For the Assessment Year 1996-97, the demand was Rs.10,34,719/- and for the Assessment Year 1997-98, the demand was Rs.3,79,120/- towards the interest payable under S.  234A, 234B and 234C of the Act .  The waiver application was rejected by the revenue Authorities . On writ the petitioner contended that all three conditions prescribed under sub-S.  (2A) of S. 220 of the  Act  ie first  the assessee must have genuine hardship, the second condition is that the non-payment was due to circumstances beyond the control of the assessee and the third condition is that the Revenue must have the satisfaction that the assessee has cooperated in an enquiry relating to the assessment or any proceeding for the recovery of any amount due from him. The petitioner relied on    B. M. Malani v. CIT ( 2008) 306 ITR 196 (SC) Benara Valves Ltd. v. CCE ( 2009) 20VST 297 (SC). Allowing the petition the Court held that   according to the petitioner the undue hardship faced by the assessee was that, there had been no business for four years consecutively, with the result, the assessee did not have any source to make the payment as demanded under S.  234A, 234B and 234C. Based on the balance-sheet of the assessee, the Assessing Officer found that the assessee had a building worth Rs. 18 lakhs and machinery worth Rs. 45 lakhs. From the finding, it was clear that, apart from these immovable properties of building and machinery, which were the basic properties to run the industry or business of the assessee, no other source had been found out by the Revenue. The AO being a quasi-judicial authority, while exercising the power of discretion vested in him under S.  220(2A) of the Act, had not acted judiciously with cogent and plausible reasons with supporting materials. Hence the order was not sustainable.  Accordingly the matter is remitted back to the respondent for re-consideration. While making such re-consideration, it is open to the respondent to seek for further materials/documents from the assessee and once such demand is made to the assessee for producing additional documents in support of his case to prove the genuine hardship as claimed by them, the assessee shall immediately produce those documents and cooperate with the Revenue for concluding the decision to be taken. The aforesaid exercise as directed above, shall be undertaken by the Revenue within a period of 3 months from the date of receipt of copy of this order.( AY.1996-97, 1997-98)