9911796707
TMI Blog1984 (7) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... h dt. 24th Feb., 1983 in ITA No. 819 (Mad)/1982 for the asst. yr. 1978-79 in the assessee's own case. We have heard the parties. The Department is before us to keep the matter alive on the ground that the cited Tribunal's decision has not been accepted by the Department. Following the above order we would uphold the Commissioner (A)'s finding. The revenue's appeals are dismissed. 3. CO No. 133 (Mds) 1983 : The assessee's contention in this cross objection is that the ITO was wrong in levying interest under s. 216 on the assessee. The ITO had levied interest under s. 216 of Rs. 7,812 without discussion. Before the Commissioner (A) the assessee contended that there was no underestimate of advance tax which would attract the provisions of s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, the assessee, shall, on or before the date on which the last instalment of advance tax is payable by him, send to the ITO an estimate of his current income and pay advance tax on the current income accordingly. In the present case, the assessee has filed its estimate of advance tax under s. 209A(4) on 11th Feb., 1979 voluntarily. It may be noted that under s. 216(a) interest can be levied in a case of underestimate only when the ITO finds that the assessee has underestimated the advance tax payable by him under s. 209A/212 and thereby reduced the amount payable in either of the first two instalments. In the present case, no such factum of underestimate has been established by the Department. On the other hand the assessee's filing of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t given any reasons to establish underestimate of advance tax by the assessee as required under s. 216(a). As would be seen from the assessee s explanation extracted in the Commissioner (A) s order above, because of the labour trouble of the main customer ITC, Bangalore, there was no supplies by the assessee to ITC from April, to July, 1980 and it was because of this adverse feature that the assessee filed lower advance tax estimate on 11th Sept., 1980, just over a month after the labour problem had ceased. In December, 1980 the assessee gave an enhanced advance tax estimate. The conduct of the assessee in the above circumstances does not appear to us to show any mala fide intention to underestimate of advance tax, nor has the Department br ..... X X X X Extracts X X X X X X X X Extracts X X X X
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