TMI Blog1988 (7) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... case is the Sookerating Tea Co. (P.) Ltd. at Dibrugarh, Assam, and was taxed to pay Rs. 1,05,687 for the assessment year 1975-76. The assessee made two payments in 1974, one on June 28, 1974, Rs. 3,923, the second one on September 20, 1974, Rs. 3,923. The total of the two is Rs. 7,846 in 1974. The assessee paid three amounts in 1975, one on March 18, Rs. 13,354. Two payments of Rs. 10,000 and Rs. 15,000 were made on March 29, 1975. The total of the three amounts is Rs. 38,354. The assessee paid Rs. 11,953 on October 21, 1976. The issue arises on the payments made in 1975. But to bring out the lis in the case, payments made during the financial years 1974 and 1976 are shown. The amount of Rs. 7,846 if added to Rs. 38,354, the figure is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order of the Commissioner to show what was the contention. "The petitioner's case is that the entire amount paid in the financial year 1974-75 (7,846 + 38,354) should have been taken into account while calculating interest under this section". The Commissioner rejected the contention (in para 3) holding "Therefore, 'advance-tax' has to be understood as the tax paid in accordance with the provisions of sections 208 to 219. Any tax which is not paid in accordance with the provisions of sections 208 to 219 cannot be treated as advance tax in the absence of any provision in this regard either in the Act or in the Rules". The Commissioner understood the lis correctly. But rejected the contention in the impugned order. We may here point out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of the total income of the assessee which would be chargeable to tax for the assessment year immediately following that financial year, such income being hereafter in this Chapter referred to as 'current income'." Before the amendment, section 207 reads as under: " Section 207. Advance tax and income subject to advance tax.(1) Tax shall be payable in advance in accordance with the provisions of sections 208 to 219 in the case of income other than (a) income chargeable under the head Capital gains'; and (b) income referred to in sub-clause (ix) of clause (24) of section 2. (2) Such income is hereinafter in this Chapter referred to as `income subject to advance tax', and such tax is hereinafter in this Chapter referred t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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