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TMI Blog1991 (7) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the order of the learned Commissioner of Income-tax (Appeals) cancelling the interest charged under section 217(1A) of the Income-tax Act, 1961, by the Assessing Officer for non filing of the statement of advance tax under section 209A(1)(a) ibid ?" The facts leading to this reference are that, in the course of assessment proceedings, the Assessing Officer found that the company was an old income-tax assessee and that it was required to file a statement of advance tax under section 209(1)(a) of the Income-tax Act, 1961, by September 15, 1983. The statement of advance tax was required to be filed in Form No. 28A tinder rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f advance tax as required under the provisions of section 209A(1)(a) of the Income-tax Act, 1961, the assessee-company was liable to pay interest under section 217(1)(a) of the Income-tax Act, 1961. Thus, the Assessing Officer charged interest under section 217(1)(a) amounting to Rs. 1,13,392. Being aggrieved, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), inter alia, against the charging of interest under section 217(1)1a) of the Income-tax Act, 1961. The Commissioner of Income-tax ( Appeals ), considering the fact that the assessee-company had filed estimates on September 20, 1983 (though beyond the date of first instalment of advance tax, i.e., September 15, 1983 ), December 12, 1983 and March 14, 198 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer clearly shows that what he had in mind is the levy of interest tinder section 217(lA). The order in fact concludes with the words "charge interest under section 217(1A)" as per order. There is a computation sheet of tax companion to the order which specifically quantifies the interest under section 217(1A) at Rs. 1,13,392. As the last item in that computation sheet appears the note : "Add : Interest under section 217(lA) Rs. 1, 13,392. It is, however, to be mentioned that there is a further statement of computation of interest. That statement, however, refers to the interest computed as interest under section 217(1)(a). But the Commissioner of Income-tax (Appeals), in his order, found as a fact that the charge of interest was und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o is required to send an estimate under sub-section (4) of section 209A or any such person as is referred to in sub-section (3A) of section 212 has not sent the estimate referred to therein, simple interest shall be charged. But the case of the Revenue before us is that the assessee did not send any statement and not an estimate referred to in section 209A. In our view, on a plain reading of section 217(1A), it is apparent that the interest under this section can be charged if an estimate is not filed. The said provision has no application to a case where the statement as mentioned in section 209A is not sent by the assessee. In the light of the facts found and on the construction of section 217(1A), we are not called upon to go into the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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