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TMI Blog1984 (1) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... of interest amounting to Rs. 6,33l under section 217(1A) of the Income-tax Act, 1961 ? " In respect of the assessment year 1970-71 for the year ending March 31, 1970, the ITO charged interest amounting to Rs. 6,331 under s. 217(l A) of the I.T. Act for failure on the part of the assessee to make an upward revision of advance tax estimate, as per provisions of s. 212(3A) of the Act. The assessee challenged the order of assessment and also charging of interest under s. 217(1A) of the Act before the AAC. The AAC reduced the total income by Rs. 2,900 but did not entertain the assessee's appeal against the order under s. 217(1A) of the Act, as according to him, s. 246 of the Act did not confer on the assessee any right of appeal against such l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 12% per annum from the 1st day of April next following the financial year in which the advance tax was payable up to the date of regular assessment upon the amount by which the advance tax paid by him falls short of the assessed tax by more than 33 1/3 per cent. If this is so, then the demand of interest under s. 217(1A) follows and the ITO has no discretion in the matter. If the tax assessed is reduced, then, in consequence, the quantum of interest also would be automatically reduced. The demand of interest under this provision is a logical consequence to an order of assessment and so there is no question of any right of appeal regarding levy of interest under s. 217(1A) of the Act. No appeal can lie for which the appellate authority ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not provide for an appeal against any particular provision of this Act; it applies only where there is denial of the applicability of the Act as such because such things are already provided in the latter part of the same clause, obviously, it is used in the comprehensive sense to mean subject to the whole procedure for ascertaining and imposing liability on the taxpayer ; and the liability is under the Act and not under any particular provision or individual section of the Act, i.e., the assessee contends that he is not liable to be assessed under any provision of this Act, or, in other words, he is not liable to be subjected to any part of the procedure laid down in the Act for imposing liability to tax. The denial clause does not e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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