1990 (3) TMI 11

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....ged the order of the Income-tax Officer dated August 24, 1981, granting interest of Rs. 29,972 under section 214 on Rs. 7,49,447. Briefly stated, the relevant facts are that the petitioner is company. The proceedings relate to its assessment for the assessment year 1978-79. The previous year ended on September 30, 1977. Advance tax was payable by the petitioner for the year on June 15, 1977, Septe....

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....owed the appeal However, the Department preferred an appeal before the Tribunal and succeeded as, according to the Tribunal, the interest payable under section 214, was not appealable. It is in these circumstances that this petition has been filed before this court. The first question involved herein is whether the petitioner is entitled to interest on the entire amount of tax paid in excess of t....

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.... was not even required to be referred to the court. The ratio of this decision is applicable in this case. The petitioner is, therefore, entitled to interest in terms of the provisional assessment order dated August 7, 1978. The second question is whether the interest is payable up to the date of the provisional assessment order, i.e., August 7, 1978, or the date on which the provisional assessme....