1997 (5) TMI 29

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....ing of impugned orders--annexures 5, 6 and 7 to the writ petition, passed by the Commissioner of Income-tax dismissing the revisions filed by the petitioner against the orders, passed by the Inspecting Assistant Commissioner charging interest under sections 215, 216 and section 220(2) of the Income-tax Act, 1961, (briefly "the Act"). It is to be made clear that while passing the impugned order,....

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....ons of section 212(3A) require that the revised estimate be filed at any time before the date on which the last instalment of advance tax is due. The estimate should, therefore, have been filed by March 14, 1980. The estimate filed on March 15, 1980, cannot be considered." The submission of counsel for the petitioner before us is that after the amendment made by the Finance Act, 1979, with effe....

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....ords "on or" preceding the expression "before the date on which the last instalment of advance tax is due", occurring in sub-section (3A) were inserted by the Finance Act, 1979, with effect from April 1, 1979, in sub-section (3A) and that the amended sub-section was relevant for the case of the petitioner, as the case relates to the assessment year 1980-81. There is no dispute before us that the l....

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....section 220(2) of the Act. From the impugned order, annexure 5 to the writ petition, passed by the Commissioner which contains detailed reasons, it is manifest that the Commissioner overlooked the amendment inserting the important words "on or" in sub-section (3A) of section 212 of the Act. This is a serious omission on the part of the Commissioner and the matter required reconsideration. In....