1978 (3) TMI 41

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....nt year 1973-74 (accounting year ending November 5, 1972). He did not pay advance tax on the share income of his minor son who was also a partner along with him in the firm of Messrs. Lakshminarayan Kamal Kishore. As he did not pay advance tax on the share income of the minor son, the ITO charged interest of Rs. 3,290 under s. 217(1A). That led to the petitioner preferring a revision before the CIT under s. 264 of the Act, challenging the levy of interest on the ground that there was no statutory obligation on his part to make an estimate of the income under s. 212(3A) so as to include the share income of his minor son. The CIT negatived his contention and dismissed the revision. Hence this petition. Mr. Ramachandra Rao, the learned coun....

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....e the income of the individual and it thus forms part of the total income of the assessee. Section 212(3A) says: "In the case of an assessee who is required to pay advance tax by an order under section 210, if, by reason of the current income being likely to be greater than the income on which the advance tax payable by him under section 210 has been computed or for any other reason, the amount of advance tax computed in the manner laid down in section 209 on the current income (which shall be estimated by the assessee) exceeds the amount of advance tax demanded from him under section 210 by more than 33 1/3 per cent. of the latter amount, he shall, at any time before the date on which the last instalment of advance tax is due from him, ....