1984 (11) TMI 11

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..... n after referred to as "the Act"), the Income-tax Appellate Tribunal, Bangalore Bench, has referred the following two questions : "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to the benefit of interest under section 214 of the Income-tax Act, 1961, in respect of the second instalment of advance tax paid by t .....

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..... 214 of the Act. In the appeal before the Appellate Assistant Commissioner, the assessee submitted that the Income-tax Officer should have determined and paid interest to the assessee in respect of the instalment of advance tax paid by way of cheque on September 13, 1974. The Appellate Assistant Commissioner, however, held that since the assessee ought to have paid the instalment on September 15, .....

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..... r 11, 1983) [1987] 163 ITR 846). There, this court following the judgment of the Supreme Court in CIT v. Ogale Glass Works (P) Ltd. [1954] 25 ITR 529, held that payment by cheque relates back to the date of delivery of the cheque. Following the said decision, we answer the first question in the affirmative and against the Revenue. So far as the second question is concerned, it is covered by th .....

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