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TMI Blog2014 (12) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... 983 (2) TMI 10 - GUJARAT High Court] it could not have anticipated or foreseen that its estimate of the current income would not be accepted and that the advance tax paid would be less than the assessed tax by the percentage prescribed in subs. (1) of s. 215 - it was impossible for the authorities to reach the conclusion that the circumstances of the case did not justify the waiver of interest - t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Appellate Tribunal, Rajkot (for short the ITAT ). 2. While admitting this appeal, the Court had formulated the following substantial question of law: Whether, the Appellate Tribunal is right in law and on facts in deleting the charging of interest under Section 215 of the Act on the ground that the assessee could not have anticipated the additions and disallowances made in the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the Income tax Appellate Tribunal, the petitioner could not have anticipated or foreseen that its estimate of the current income would not be accepted and that the advance tax paid would be less than the assessed tax by the percentage prescribed in subs. (1) of s. 215. In our opinion, therefore, in the present case, it was impossible for the authorities to reach the conclusion that the circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified. To remit the matter to the Commissioner under such circumstances would be only protracting the proceedings by asking the Commissioner to grant the relief which we can ourselves grant to the petitioner in the course of these proceedings. In the context of the wider superintendence jurisdiction of this court, in exercise of its power under art. 227, we would not be justified in merely qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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