9911796707
TMI Blog2007 (11) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), is directed against the common order dated June " 6, 2005, passed by the Income-tax Appellate Tribunal, Delhi Bench "E" New Delhi (for short, the ITAD in I. T. A. Nos. 376 and 377/Del/2003 pertaining to the assessment years 1997-98 and 1998-99 respectively, whereby the Income-tax Appellate Tribunal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder : "Whether the learned Income-tax Appellate Tribunal was legally justified in law and on facts in dismissing the appeal of the Revenue and upholding the order of the Commissioner of Income-tax (Appeals) by deleting the interest under section 234B in spite of the fact that the assessee had failed to make payments of advance tax in accordance with the provisions of section 209 read with secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt against the demand of the assessment year 1998-99. Accordingly, under section 154 of the Act the calculation of refund was made as under : Rs. Rs. Income assessed 4,80,210 Tax thereon 1,92,084 Add : Interest 234B 1,46,545 244A withdrawn 650 220(2) 9,758 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder sections 234B, 244A and 220(2) of the Act. 6 Learned amicus curiae appearing for the assessee submitted that since the amount of Rs. 7,16,845 were deposited, which is higher than that of the tax assessed, therefore, it cannot be said that there was default in payment of advance tax. The argument of the learned amicus curiae is misplaced for the reason that for the assessment year 1997-98, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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