1995 (8) TMI 97

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.... " is the principle which is fully applicable in this case. This means that the law does not compel a man to do that which he cannot possibly perform. This is what the Assessing Officer wanted the assessee to do. 3. The assessee is a limited company. It commenced its business after incorporation on 1-9-1988, i.e., just 15 days before the first instalment of advance tax was due. Looking to the smallness of the turnover on the due date of payments of advance tax under section 210 read with section 211 on 15-9-1988 being the first instalment and 15-12-1988 begin the second instalment there was no income nor could it have been anticipated because of heavy expenditure on fixed overheads. It was because of a sudden spurt after the second insta....

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....fies that the section which could have been understood to be absolute was made applicable where an assessee was required to pay advance tax as per the provisions of section 208 and he failed to do so. 5. Section 208 provides liability if the tax, as per the computation in accordance with the provisions of Chapter XVII, is or exceeds Rs. 1,500. The liability for payment of advance tax is on the total income, called ' current income ', that would be chargeable to tax for the assessment year. Section 209 provides for the computation of advance tax and clause (a) of sub-section (1) thereof requires an assessee to estimate his current income and the tax thereon where the calculation is to be made as per subsection (1) or sub-section (2) or su....