1995 (6) TMI 77

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....for asst. yr. 1986-87. The ground raised in the appeal is as follows: "On the facts and in the circumstances of the case, the learned CIT(A) has erred in directing to allow interest under s. 244(1A) on excess TDS amount ignoring the relevant provisions of the IT Act, 1961 under which no such interest is payable to the assessee on excess TDS amount in the assessment year under consideration." ....

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....owing the decision of the Delhi Bench of the Tribunal in the case of BST Ltd. vs. IAC in ITA Nos. 908, 999 & 1187 to 1189 reported in (1990) Taxation 99(4) 122, directed the AO to grant the interest as requested. The Department is aggrieved by this order of the learned CIT(A) and hence is in appeal before us. 5. We have heard the parties and perused the material on record. Whereas the learned D....

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.... our opinion TDS, in the sense as mentioned by the Delhi High Court above, stands on the same footing as advance tax. Both are parts of the same Chapter, that is, Chapter XVII, titled as "Collection and recovery of tax". Sub-s. (1) of s. 190 amplifies this intention of the legislature in no uncertain terms and is based on the principle of "pay while you earn". 8. Secs. 199 and 219 clearly spell....