9911796707
TMI Blog1992 (9) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Act, 1961 (referred to as 'the Act"), by which an amount of Rs. 23,20,294 was found to be refundable to the petitioner being the difference between the advance tax paid and the amount of tax to which the petitioner was assessed. On September 4, 1975, the petitioner filed an application under section 154/155 of the Act for modification of the assessment order for the year 1973-74 on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1977. The second application was for payment of interest under section 214 of the Act. The first application was allowed, but no order was passed on the second application. In the meantime, the Income-tax Officer had preferred an appeal from the Appellate Assistant Commissioner's order, dated January 31, 1977. The order of the Appellate Assistant Commissioner was upheld by the Tribunal with a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the facts, it is necessary to note that, in the interim period, the original petitioner, namely, the Indian Tube Co. Ltd. has been amalgamated with TISCO Ltd. (Tube Division), as a result of which TISCO Ltd. (Tube Division) has taken over the rights, assets and liabilities of the original writ petitioner. In the impugned order, respondent No. 1 has rejected the petitioner's contention by stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Co. Ltd. v. Collector of Customs, AIR 1962 SC 1893, paragraph 29). In that view of the matter, the impugned order must be set aside and the Commissioner is directed to consider the matter afresh in keeping with the decisions of this court after giving the petitioners an opportunity of being heard. At least 48 hours clear notice must be given to the petitioners. The Commissioner will communic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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