Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

1986 (5) TMI 52

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....23rd Sept., 1980. In this assessment order the ITO computed the tax payable by the assessee after giving credit to the advance-tax paid in the following manner: I. T. @ 60% Rs. 1,73,186 S.C. @ 5% Rs. 8,659 . Rs. 1,81,845 Less : Advance tax : . Paid on 16-6-1976—Rs. 8600 . Paid on 14-9-1976—Rs. 8,600 . Paid on 14-12-1976—Rs. 1,30,000 Rs. 1,47,200 . Rs. 34,645 Less : Paid on ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....est under s. 214, in this assessment year as well as in the asst. yr. 1979-80 there was a further claim by the assessee that the interest should be paid up to the date of the refund and not up to the dates of regular assessment as stated by the ITO. 4. It is amply clear from the material on record that in the original assessment order dt. 23rd Sept., 1980 as well as in the revised order dt. 14th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....44 ITR 871 (MP). The departmental representative was unable to oppose this contention but contended that the CIT (A) should have restored the original order of the ITO instead of directing the ITO to "treat the payment of Rs. 8,600 on 16th June, 1976 as payment for advance-tax for the purpose of grant of interest under s. 214." We find that the decision relied upon by the authorised representative....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssment. He contended that there is a conflict between the provisions of sub-ss. (1) and (2) of s. 214 of the Act and as such, the provision of sub-s. (1) thereof should be followed. This contention was opposed by the authorised representative for the assessee who relied on the decisions of Rayons Traders Pvt. Ltd. vs. ITO, Comp. Circle I (2), Madras & Anr. (1980) 19 CTR (Mad) 204 : (1980) 126 ITR ....