1998 (6) TMI 39

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....The Commissioner of Income tax has filed this petition for a direction to the Income-tax Appellate Tribunal, Madras Bench, to state a case and refer the following question of law : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee is entitled to interest under section 18 of the Companies (Profits) Surtax Act, 1964, ....

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....unt, a part of which has become refundable, has been paid by the assessee as per the order of a provisional assessment and, therefore, the assessee was not entitled to interest under section 244(1A) of the Income-tax Act, 1961. The assessee preferred an appeal before the Commissioner of Income-tax (Appeals) (sic) holding that the assessee was entitled to interest under section 244(1A) of the Incom....

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....pursuance of the provisional order of assessment under section 6 of the Surtax Act is undoubtedly an amount paid by the assessee in pursuance of an order of assessment. Section 244(1A) of the Income-tax Act employs the expression, "any order of assessment" and the said expression would comprehend in its scope not only regular assessments but also the provisional orders of assessment made by the Su....

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....tax paid by the assessee was refunded to the assessee consequent on the proceedings taken by the Assessing Officer under section 14 of the Surtax Act. The contention of learned counsel for the Revenue was that the amount was refunded not in pursuance of an appellate order and, therefore, the assessee was not entitled to any interest. We are of the view that this contention is also not sustainab....