1977 (8) TMI 80

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..... reto, the assessee filed on 3rd Oct., 1972 an estimate of advance tax estimating the tax payable at Rs. 3,000 and paid the same. Later, the assessee filed on 25th Feb., 1974 a return of income admitting an income of Rs. 54,560 for the year ending 31st March, 1973. The ITO completed the assessment on 22nd April, 1974 accepting the return of income and demanded a sum of Rs. 22,697 being the gross ta .....

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..... Commissioner rejected the contention of the assessee in the following words: "By filing an under-estimate, the assessee became liable for interest under s. 215. By not filing an upward estimate under s. 212(3A), the assessee has rendered himself liable to interest under s. 217(1A). there are thus distinct defaults on the part of the assessee. As the ITO did not charge interest under s. 217(1A) a .....

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..... , is to the following effect: "It will thus be seen that the Ministry of law have advised that in such cases interest under s. 217(1A) should not be charged. Comptroller and auditor General of India has also agreed with this view. The Board, therefore, desire that in case of the type referred to above, interest under s. 215 only need be charged." It is a familiar principle and the decisions of .....

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