exercise of his discretion imposed the condition of the payment of interest. He repeatedly demanded interest. If the Petitioners were desirous of contesting the demand for interest they would have been well advised not to apply for instalments and pay up entire sum of Rs.311,16,49,260/- forthwith upon passing of the order of the Hon’ble Supreme Court dated 29th August, 2012 but the Petitioners thought and acted otherwise and proceeded to demand instalments and sought waiver of interest. In view of the delegation of powers to grant instalments subject to payment of interest, there was no power vested in the Commissioner to waive interest. If at all any such discretion was exercised the same would be without authority. The Petitioners have, however, proceeded to submit a revised schedule and did thereafter pay some amounts in accordance with revised schedule and thereafter paid the balance amount in an accelerated manner. The liability to pay interest was never waived and grant of instalments at all times remained subject to payment of interest on the entire amount of Rs.311,16,49,260/- from the date of order of the Supreme Court dated 29th August, 2012 till the payment or realization. No doubt the Petitioners would be entitled for credit for the amounts paid but are still liable to pay interest in accordance with the Act. We note that the Respondents have thereafter continued to demand the interest pursuant to the circular dated 2nd May, 1996. The interest demanded was not under section 11AA. The department
