1986 (11) TMI 126

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.... on their current account whether is covered by the provisions of s. 40A(8) or not. The plea of the assessee on this issue was that it is squarely covered by the decision of the Tribunal in one of the cases, namely, Digiam Fabrics Ltd. Dt. 14th Oct., 1983. The Departmental Representative submitted that the Tribunal recently having following the Special Bench decision, decided the issues in favour ....

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..... 214 & 244(1A). The plea of the assessee was since the interest was earlier paid, it cannot be withdrawn while the plea of the Department was interest was wrongly paid and in view of the demand raised on the assessee, interest was not due to the assessee and therefore, had to be withdrawn. On this issue since the assessee was not entitled to interest and in fact there was no refund due for which ....

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....urther it has also been observed that the calculation sheet contains the calculation on the basis of the order that is passed and thus the order becomes the basic document for raising the demand or an assessee. If there is no mention in the body of the order, by means of calculation sheet, demand cannot be raised on the assessee. For the same reason we allow this ground of the assessee and delete ....