9911796707
TMI Blog1998 (3) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee, the following two questions of law have been referred to us for our consideration for the assessment year 1978-79 : "l. Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the assessee is not entitled to interest under section 214 on the refunded amount of Rs. 2,38,503 ? 2. Whether the Tribunal is right in observing that the denial of interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee would be entitled to interest under section 214 of the Act on the advance tax paid, though the amount was paid by the assessee without any notice from the Income-tax Department. We, therefore, hold that the assessee would be entitled to interest under section 214 of the Act on the advance tax paid though it was paid without any notice from the Income-tax Officer, provided the advance tax wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Income-tax Officer refusing to rectify the mistake. The Appellate Assistant Commissioner held that the assessee would be entitled to interest under section 214 of the Act and there was a mistake apparent in the order of the Income-tax Officer and directed the Income-tax Officer to look into the matter and grant interest on the advance tax paid. The Tribunal, however, took a view th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal filed by the assessee was perfectly maintainable. Recently, a Bench of this court (in which one of us was a party) in Tax Case No. 448 of 1983, by judgment dated November 26, 1997 (CIT v. T V. Sundaram Iyengar and Sons Ltd. [1999] 236 ITR 524, held that in similar circumstances the appeal would lie against an order refusing to rectify the mistake. Following the said judgment, we hold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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