9911796707
TMI Blog1990 (3) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-tax Officer dated August 24, 1981, granting interest of Rs. 29,972 under section 214 on Rs. 7,49,447. Briefly stated, the relevant facts are that the petitioner is company. The proceedings relate to its assessment for the assessment year 1978-79. The previous year ended on September 30, 1977. Advance tax was payable by the petitioner for the year on June 15, 1977, September 15, 1977 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, the Department preferred an appeal before the Tribunal and succeeded as, according to the Tribunal, the interest payable under section 214, was not appealable. It is in these circumstances that this petition has been filed before this court. The first question involved herein is whether the petitioner is entitled to interest on the entire amount of tax paid in excess of the tax payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be referred to the court. The ratio of this decision is applicable in this case. The petitioner is, therefore, entitled to interest in terms of the provisional assessment order dated August 7, 1978. The second question is whether the interest is payable up to the date of the provisional assessment order, i.e., August 7, 1978, or the date on which the provisional assessment order was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd was issued not under Chapter XVII, but under Chapter XIV and, sub-section (2) as such is not applicable. In the circumstances, it cannot be said that there is any apparent mistake of law in the order of the Income-tax Officer in granting interest up to the date of the provisional assessment order. Accordingly, the rule is made partly absolute, i.e., the petitioner shall be entitled to the int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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