9911796707
TMI Blog1998 (6) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... irection to the Income-tax Appellate Tribunal, Madras Bench, to state a case and refer the following question of law : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee is entitled to interest under section 18 of the Companies (Profits) Surtax Act, 1964, read with section 244(1A) of the Income-tax Act, 1961, on the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee as per the order of a provisional assessment and, therefore, the assessee was not entitled to interest under section 244(1A) of the Income-tax Act, 1961. The assessee preferred an appeal before the Commissioner of Income-tax (Appeals) (sic) holding that the assessee was entitled to interest under section 244(1A) of the Income-tax Act. The Income-tax Appellate Tribunal rejected the refere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Surtax Act is undoubtedly an amount paid by the assessee in pursuance of an order of assessment. Section 244(1A) of the Income-tax Act employs the expression, "any order of assessment" and the said expression would comprehend in its scope not only regular assessments but also the provisional orders of assessment made by the Surtax Officer under section 6 of the Surtax Act as well. The expres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the proceedings taken by the Assessing Officer under section 14 of the Surtax Act. The contention of learned counsel for the Revenue was that the amount was refunded not in pursuance of an appellate order and, therefore, the assessee was not entitled to any interest. We are of the view that this contention is also not sustainable as section 244(1A) of the Income-tax Act provides for grant of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st. We are, therefore, of the opinion that the order of the Tribunal holding that the assessee is entitled to interest under section 244(1A) of the Income-tax Act is justifiable and hold that no referable question of law arises out of the order of the Tribunal. Accordingly, the tax case petition is liable to be dismissed and it is dismissed. There is no order as to costs. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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