1985 (1) TMI 133

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....ssessment case to only Rs. 2,795 there was no question of charging any interest, under the provisions of s. 139(8). According to the learned counsel no interest under s. 139(8) read with Expln. 2 thereto could be charged in the case of a registered firm where in fact a refund is found to be due to the firm on account of the advance tax having been paid in excess. For so contending the learned counsel had placed reliance on the decision of the Special Bench of the Tribunal in the case of Lachmandas Raghunathdas Parihar. Besides reliance has been further placed on some other decisions of the Tribunal as detained at page 9 of the paper book. On the other hand, the learned departmental representative has supported the orders of the ITO and the ....

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....not considered in detail the various decisions of the Tribunal including the decision of the Special Bench of the Tribunal in the case of ITO vs. Lachmandas Raghunathdas Parihar (1984) 20 TTJ (Jp) 52 (SB). It is further contended by the ld. counsel that there was a further apparent mistake on the part of the Tribunal inasmuch as it did not property understand the law laid down by the Hon'ble Madhya Pradesh High Court in Jiwanmal Hospital vs. ITO. According to the ld. counsel such a mistake was rectifiable mistake and for that he has placed reliance on a decision of the Tribunal in the case of P.A.P. Chidamabara Nadar vs. ITO reported in (1984) 20 TTJ (Mad) 97. It has also been contended by the ld. counsel that the decision of the Tribunal w....