1969 (5) TMI 3

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..... erred to as the petitioner) has sought a writ of certiorari from this court to quash the communication (wrongly described as order) issued on behalf of the Commissioner of Income-tax, Lucknow, refusing to allow interest on the amount due to the petitioner by way of refund of excess income-tax paid by him. Admittedly, the petitioner paid large sums of money by way of income-tax under an assessment .....

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..... ioner and Dr. Misra for the income-tax department. The only question that requires consideration is whether, for the purposes of the refund, the provisions of the 1961 Act or the provisions of the Act would apply in the present case. Section 297 of the 1961 Act deals with repeals and savings. Clause (2)(i) of that provision reads : " 297. (1) ..... (2) Notwithstanding the repeal of the Indian .....

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..... herefore, of the opinion that the provisions of the new Act relating to refund would apply in supersession of the provisions of the Act. The provision in the 1961 Act which, for purposes of refund, is relevant in the present case is section 244. That provision reads : " 244. (1) Where a refund is due to the assessee in pursuance of an order referred to in section 240 and the Income-tax Officer d .....

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..... Act. We are, therefore, unable to agree with Mr. Upadhyay that he is entitled to the benefit of sub-section (7) of section 66 of the Act. Mr. Upadhyay puts the same argument in a different term by contending that assuming that the provisions of the 1961 Act apply, the amount of refund, for purposes of section 244(1) of the 1961 Act, would be the excess tax plus interest. This he claims by virtue .....

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..... f clause (2) of section 297 of the 1961 Act is that no provision of the Act can be looked into for purposes of refund ; and that the Act of 1961 will not only determine the amount of refund but would govern the entire matter relating to it. Under these circumstances, in our opinion, the view taken by the Commissioner of Income-tax is correct and requires no interference. The petition is dismissed .....

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