2007 (11) TMI 71

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.... to as "the Act"), is directed against the common order dated June " 6, 2005, passed by the Income-tax Appellate Tribunal, Delhi Bench "E" New Delhi (for short, the ITAD in I. T. A. Nos. 376 and 377/Del/2003 pertaining to the assessment years 1997-98 and 1998-99 respectively, whereby the Income-tax Appellate Tribunal has dismissed the appeal of the Department and confirmed the order of the Commiss....

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....ed in law and on facts in dismissing the appeal of the Revenue and upholding the order of the Commissioner of Income-tax (Appeals) by deleting the interest under section 234B in spite of the fact that the assessee had failed to make payments of advance tax in accordance with the provisions of section 209 read with section 234B of the Income-tax Act, 1961 ?" 4 From the perusal of the assessment ....

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.... 154 of the Act the calculation of refund was made as under :   Rs. Rs. Income assessed   4,80,210 Tax thereon   1,92,084 Add : Interest 234B 1,46,545   244A withdrawn 650   220(2) 9,758 1,56,913 Total tax and interest   3,48,997 Less : Taxes paid   7,16,845 Refundable Add : Interest un....

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....ted, which is higher than that of the tax assessed, therefore, it cannot be said that there was default in payment of advance tax. The argument of the learned amicus curiae is misplaced for the reason that for the assessment year 1997-98, the assessment under section 143(3) of the Act was completed on November 24, 2000, and on the application of the applicant/assessee vide office order dated Janua....