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TMI Blog1991 (8) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... a statement of advance tax under section 209A of the Act and, in that view, upholding the findings of the Commissioner of Income-tax (Appeals) that no interest under section 217 of the Act was leviable in the case?" The facts are that the Income-tax Officer charged interest under section 217 of the Income-tax Act, 1961. This was done on the ground that the assessee had not sent the statement of advance tax referred to in clause (a) of sub-section (1) of section 209A of the Act. The assessee went in appeal before the Commissioner of Incometax (Appeals). The Commissioner (Appeals) found that, in the relevant period of time, the last regular assessment made was for the assessment year 1977-78 at a " minus " figure and the last return filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961, the statement or, as the case may be, the estimate in lieu of the statement will have to be sent to the Income-tax Officer on or before the date on which the first instalment of advance tax is due in the case of the taxpayer. Under section 209A, a taxpayer, who has previously been assessed by way of regular assessment under the Income-tax Act, is required to send a statement of advance tax payable by him to the Income-tax Officer before the date on which the first instalment of advance tax is payable by him. The advance tax payable in such cases is computed with reference to the last assessed income of the taxpayer or the income returned by him for a later year on the basis of which he has paid self-assessment tax under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat such revised estimates of advance tax can be furnished on or before the date on which the last instalment of advance tax is payable by the taxpayer. Thus, sub-section (4) will only be attracted if an assessee is liable to pay advance tax under section (1), but as we have already indicated in the instant case, on the basis of the facts prevailing in the financial year relevant to the assessment year of the assessee, the assessee had no obligation to furnish a statement of advance tax under section 209A(1)(a) and as such sub-section (4) of section 209A cannot be pressed into service. That apart, the question referred to us does not cover the point raised by Mr. Bagchi. We have already set out the question which only deals with the oblig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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