1997 (8) TMI 40

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....ome-tax under section 264 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). The facts of the case in a nutshell are as follows : The petitioner under the orders passed by this court in Civil Miscellaneous Writ Petition No. 70 of 1971 deposited a sum of Rs. 11,49,946 with the District Magistrate, Muzaffarnagar, being the difference of the cane price. The said deposit was mad....

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....r section 215 be totally waived and/or be not levied. The matter was dealt with by the Income-tax Assistant Commissioner (Assessment) who on the basis of rule 40(1) of the Income-tax Rules. (hereinafter referred to as "the Rules", restricted the interest chargeable under section 215 for a period of eighteen months from April 1, 1972 to September 30, 1973. Thus, out of the interest of Rs. 3,75,795 ....

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....unable to deposit any advance tax on the said amount of Rs. 11,49,964. The petitioner did not know that the said money would be refunded back to him and he had to pay any advance tax on the same. If the money was available with him by way of profit in the year 1972-73 he would have paid the advance tax. However, since the money was lying with the District Magistrate, Muzaffarnagar, under the order....