1984 (1) TMI 95

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....r --- The short question in this revenue's appeal is that the Commissioner (Appeals), whose order dated 5-1-1983, passed in appeal No. Commissioner (Appeals)-XI/E/IT/1982-83, for the assessment year 1979-80 is brought in appeal, wrongly directed the ITO to allow interest under section 214 of the Income-tax Act, 1961 ('the Act') in respect of excess payment of advance tax which had been made after ....

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....l, in view of the Commissioner having granted permission under section 212(3A) on 16-3-1979, directed the ITO to treat the payment of Rs. 2,02,016 as advance tax for adjustment purposes and cancel the levy of interest under section 139(8). The Commissioner (Appeals) also accepted the contention that the respondent was entitled to interest under section 214 in respect of excess payment. 4. Befor....

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.... footing and to be entitled to interest, advance tax must be shown to have been paid during the financial year itself. He very strongly urged that section 212(3A) in no manner has the effect of diluting the mandatory constraint and conditions of section 214. 6. For the respondent, Shri V.H. Patil pleaded that section 214 should be read in conjunction with section 212(3A) and not separately. ....

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....le under sections 207 to 213 exceeds the amount of the tax determined on regular assessment, from the 1st day of April next following the said financial year to the date of the regular assessment for the assessment year immediately following the said financial year, and where any such instalment is paid after the expiry of the financial year during which it is payable by reason of the provisions o....