1978 (10) TMI 53

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....154 of the Income-tax Act relating to asst. yr. 1968-69. The ITO had refused the assessee's claim to allow interest under s. 214 in respect of excess amount of advance-tax determined after giving effect to the order of the Tribunal. The assessee had paid advance-tax amounting to Rs. 22,020 according to the assessee's counsel, though we may point out the AAC has mentioned the figure of such advance....

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....ggrieved with this order of the AAC. 2. The learned Departmental Representative submitted that under s. 2(40) of the Income-tax Act regular assessment has been defined as an assessment made under s. 143 or s. 144 and s. 214 also refers to the allowing of interest under s. 214 when advance-tax paid is found to be in excess of the amount of the tax determined on regular assessment. It was contend....

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....on the amount by which the advance-tax paid exceeds the tax determined on regular assessment. An order which is made by the ITO to give effect to the order of the AAC is an order of assessment under s. 143. If that is the position. Then, in view of s. 2 (40) of the Act, the regular assessment as contemplated by s. 214(1) should be the assessment made by the ITO if there is no appeal therefrom, but....