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    <title>1983 (5) TMI 56 - ITAT CALCUTTA-C</title>
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    <description>Interest under section 216 of the Income-tax Act could not be levied without recorded findings on under-estimation of advance tax, because the levy had to rest on a speaking order setting out the requisite facts. The assessment order stating only that interest should be charged according to law was insufficient. Where the appellate authority found the original levy unsustainable, the proper course was to remit the matter for fresh decision after hearing the assessee and recording the necessary findings, rather than merely declaring the levy void. The matter was therefore sent back to the Income-tax Officer for fresh disposal in accordance with law.</description>
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    <pubDate>Tue, 24 May 1983 00:00:00 +0530</pubDate>
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      <description>Interest under section 216 of the Income-tax Act could not be levied without recorded findings on under-estimation of advance tax, because the levy had to rest on a speaking order setting out the requisite facts. The assessment order stating only that interest should be charged according to law was insufficient. Where the appellate authority found the original levy unsustainable, the proper course was to remit the matter for fresh decision after hearing the assessee and recording the necessary findings, rather than merely declaring the levy void. The matter was therefore sent back to the Income-tax Officer for fresh disposal in accordance with law.</description>
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      <pubDate>Tue, 24 May 1983 00:00:00 +0530</pubDate>
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