9911796707
TMI Blog2002 (11) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... ected against the order of CIT(A), Udaipur, dt. 2nd Jan., 1995. 4. WTA No. 93/Jp/1995 is an appeal by assessee Ravi Singhal for asst. yr. 1992-93 and is directed against the order of CIT(A), Udaipur, dt. 2nd Jan., 1995. 5. We have heard the arguments of both the sides and also perused the records. 6. The assessee-appellants have raised common ground in all the three appeals and the common ground disputes the learned CIT(A)'s rejection of assessee's rectification petition filed under s. 35 by AO. The learned authorised representative of assessee has contended that the interest under s. 17B is chargeable on the amount of tax payable on the net wealth of assessee. He has contended that when full tax has been paid before the due date for fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent from record deserves to be rectified. He has also contended that at the relevant time, there was no other judgment of any other High Court, and so the aforesaid decision of Hon'ble Delhi High Court was binding and the matter could not have been stated to have been debatable/arguable. He has, in this regard, also relied on CIT vs. Purtabpore Co. Ltd. (1986) 54 CTR (Cal) 169 : (1986) 159 ITR 362 (Cal) and CIT vs. Smt. Godavari Devi Saraf (1978) 113 ITR 589 (Bom). As against this, the learned Departmental Representative of Revenue has contended that the assessee had filed a petition for rectification under s. 35 of the WT Act seeking the rectification of AO's assessment order to the effect that the interest under s. 17B should not have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be said that there was any debate or doubt or conflict on that particular point. 8. In our view, the provisions of s. 17B, WT Act, are basically/broadly similar to those contained in s. 234A, IT Act. Accordingly, in view of the decisions referred to above, we are of the opinion that the interest under s. 17B was payable by assessee-appellant only on the amount of tax which remained in balance/outstanding and payable by assessee after the due date for the filing of the return, and the same is not chargeable on the amount of tax which has already been paid by assessee upto the due date for the filing of the return. In that view of the matter, we do not consider it just to uphold the rejection of assessee's rectification petition. We, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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