1983 (5) TMI 81

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....the assessment orders was Rs. 2,709 and of Rs. 1,835 for the assessment years 1975-76 and 1976-77 respectively. The assessee had already paid Rs. 7,000 and Rs. 6,700 under section 15B on self-assessment for the assessment years 1975-76 and 1976-77 respectively. On appeal the assessment orders of the WTO were quashed by the AAC and, therefore, the demands for both the years disappeared, therefore, ....

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....ssment will become a regular payment at the time of regular assessment. Therefore, any refund, resulting on account of appellate proceedings will be out of such regular payment and, therefore, will carry interest under the provisions of section 34A (3A) of the Act." Observing so, the AAC accepted the claim of the assessee and directed the WTO to allow interest. 2. Aggrieved, the revenue has come ....

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.... raised requiring the assessee to pay any amount after the assessment orders. The argument therefore, is that when no tax was paid as a result of the assessment orders, no interest is payable to the assessee on refunds resulting from the cancellation of the assessment orders. Shri Gang, ld. Counsel for the assessee relied on the decision of the bench dated 27th January 1983 in the case of Keshrima....