1987 (6) TMI 82

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.... Rs. 14,65,782 Less :Tax paid in advance Rs. 11,50,000 . Tax paid under s. 140A on 6-7-1981 Rs. 1,93,480 .     Rs. 13,43,480     Rs. 1,22,302 Add : Interest under s. 216   Rs. 17,850   Tax payable : Rs. 1,40,152 This assessment order was passed on 21-1-84. The assessee preferred an appeal against this assessment order. The first ground in the appeal was " against the disallowance of a claim by the company as the company in which public was substantially interested by the ITO and thereby taxing the same at higher rate by him." During hearing of the arguments before the CIT(A) the assessee produced certain certificates. The CIT(A) dealt with the matter i....

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....er was challenged in appeal in which certain other objections were taken, The CIT(A) was of the opinion that " the ITO is correct in refusing the claim of the appellant in this connection as this was a case of partial setting aside of the original order of assessment ". As such he confirmed the order of the ITO. Being aggrieved, the assessee preferred the present appeal. 5. The authorised representative for the assessee argued that the authorities below were not justified in rejecting the assessee's claim of interest u/s. 244(1A) of the Act. He further argued that under the provision of the said sub-section, the assessee is entitled to the said interest as all the conditions necessary for receiving such interest were fulfilled. For this ....