1998 (3) TMI 14

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....SUBRAMANIAN J.---At the instance of the assessee, the following two questions of law have been referred to us for our consideration for the assessment year 1978-79 : "l. Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the assessee is not entitled to interest under section 214 on the refunded amount of Rs. 2,38,503 ? 2. Whether the Tribunal is right....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....0 (Mad), wherein this court held that the assessee would be entitled to interest under section 214 of the Act on the advance tax paid, though the amount was paid by the assessee without any notice from the Income-tax Department. We, therefore, hold that the assessee would be entitled to interest under section 214 of the Act on the advance tax paid though it was paid without any notice from the Inc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt. The assessee preferred an appeal against the order of the Income-tax Officer refusing to rectify the mistake. The Appellate Assistant Commissioner held that the assessee would be entitled to interest under section 214 of the Act and there was a mistake apparent in the order of the Income-tax Officer and directed the Income-tax Officer to look into the matter and grant interest on the advance t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ntitled to interest. We, therefore, hold that the appeal filed by the assessee was perfectly maintainable. Recently, a Bench of this court (in which one of us was a party) in Tax Case No. 448 of 1983, by judgment dated November 26, 1997 (CIT v. T V. Sundaram Iyengar and Sons Ltd. [1999] 236 ITR 524, held that in similar circumstances the appeal would lie against an order refusing to rectify the....