1989 (7) TMI 32

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....olved in this writ petition relates to the payment of interest by the Government under section 214 of the Income-tax Act, 1961, hereinafter "the Act." Under that provision of law, interest is payable by the Government at the stipulated rate on the amount by which the aggregate sum of any instalments of advance tax paid during any financial year in which they are payable under sections 207 to 213 e....

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....ion 214 because section 211 of the Act has laid down the dates by which advance tax has to be paid in instalments. In this connection, he has also referred to Kangundi Industrial Works (P.) Ltd. v. ITO [1980] 121 ITR 339, a decision of the Andhra Pradesh High Court and A. Sethumadhavan v. CIT [1980] 122 ITR 587 (Ker), which have taken the, view as put forward by Shri Choudhury. Shri Goswami, ho....

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.... is no reference in section 214 about the manner of payment of instalments. It was, therefore, concluded that it was not permissible to read more into section 214 than what is expressly stated. This is the view expressed in CIT v. Jagannath Narayan Kutumbik Trust [1988] 144 ITR 526 (MP). From the decision in this case we find that similar view had been taken by the Gujarat High Court in Chandrakan....