1991 (8) TMI 19

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....ing that it was not necessary for the assessee to furnish a statement of advance tax under section 209A of the Act and, in that view, upholding the findings of the Commissioner of Income-tax (Appeals) that no interest under section 217 of the Act was leviable in the case?" The facts are that the Income-tax Officer charged interest under section 217 of the Income-tax Act, 1961. This was done on the ground that the assessee had not sent the statement of advance tax referred to in clause (a) of sub-section (1) of section 209A of the Act. The assessee went in appeal before the Commissioner of Incometax (Appeals). The Commissioner (Appeals) found that, in the relevant period of time, the last regular assessment made was for the assessment ....

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....usly assessed by way of regular assessment under the Income-tax Act, 1961, the statement or, as the case may be, the estimate in lieu of the statement will have to be sent to the Income-tax Officer on or before the date on which the first instalment of advance tax is due in the case of the taxpayer. Under section 209A, a taxpayer, who has previously been assessed by way of regular assessment under the Income-tax Act, is required to send a statement of advance tax payable by him to the Income-tax Officer before the date on which the first instalment of advance tax is payable by him. The advance tax payable in such cases is computed with reference to the last assessed income of the taxpayer or the income returned by him for a later year on....