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TMI Blog2013 (11) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... ation statute must be liberally construed - The assessee will be liable to pay interest in accordance with the law for the late deposit of tax under Section 140A which has been paid by the assessee - No costs. - ITA 491/2013 - - - Dated:- 11-11-2013 - Sanjiv Khanna And Sanjeev Sachdeva, JJ. For the Appellant : Mr. Sanjeev Sabharwal, Sr. Standing Counsel. For the Respondent : Mr. C S Aggarwal, Sr. Adv with Ms. Pushpa Sharma, Adv ORDER:- Learned counsel for the Revenue submits that the view taken by the Delhi High Court in Prannoy Roy and Another Vs. Commissioner of Income Tax (2002) 254 ITR 755 (Delhi) has been dissented from by the Gujarat High Court in Roshan Lal S. Jain Vs. DCIT (Assessment), 2009 (309) ITR 174 (Gujarat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observed:- "It is settled principle in law that the courts while construing revenue Acts have to give a fair and reasonable construction to the language of a statute without leaning to one side or the other, meaning thereby that no tax or levy can be imposed on a subject by an Act of Parliament without the words of the statute clearly showing an intention to lay the burden on the subject. In this process, the courts must adhere to the words of the statute and the so-called equitable construction of those words of the statute is not permissible. The task of the court is to construe the provisions of the taxing enactments according to the ordinary and natural meaning of the language used and then to apply that meaning to the facts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llins Cobuild English Language Dictionary, reprinted in 1991, which is as under : "Interest is a sum of money that is paid as a percentage of a larger sum of money, which has been borrowed or invested. You receive interest on money that you invest and pay interest on money that you borrow." The question raised in this petition may be considered from another angle. Interest is payable when a sum is due and not otherwise. The object of the amendment was to levy mandatory interest where the return with tax is not paid. The provisions except for deduction of the amount of the interest if the same has otherwise been paid or deposited. A statute must be construed having regard to its object in view. In Shashikant Laxman Kale v. Union of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive one. If the word 'advance tax' is given a literal meaning, the same apart from being used only for the purpose of Chapter XVII-C may be held to be tax paid in advance before its due date, i.e., tax paid before its due date. The matter might have been otherwise, had there been an exhaustive definition of the said provision. The scheme of payment of the advance tax is that it will have to be paid having regard to the anticipated income on September 15, December 15 and March 15. A person, who does not pay the entire tax by way of advance tax, may deposit the balance amount of tax along his return. In the instant case, tax has been paid although no return has been filed. The Revenue, therefore, has not suffered any monetary loss. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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