1995 (2) TMI 19

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..... red by THANIKKACHALAM J.--At the instance of the assessee, the Tribunal referred the following questions of law said to arise out of the order of the Tribunal for our opinion under section 256(1) of the Income-tax Act, 1961 : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the interest under section 139(8) is leviable ? 2. Whether, on the .....

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..... 39(8) of the Income-tax Act. Accordingly, he cancelled the interest levied by the Income-tax Officer. Aggrieved, the Department filed an appeal before the Appellate Tribunal. The Appellate Tribunal considering the fact that a sum of Rs. 1,24,409 was not paid within the time and, therefore, it was not advance tax, set aside the order passed by the Commissioner of Income-tax (Appeals) and restored .....

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..... considering a question of similar nature, held that though the payment made on December 22, 1971, was late by seven days, the due date being December 15, 1971, so long as the Revenue had accepted the payment, though made belatedly, the character of the amount received by the Revenue could only be advance tax and not an ad hoc payment. Though the assessee may be proceeded against for non-payment of .....

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