9911796707
TMI Blog1983 (5) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the following questions of law for opinion to this court : " 1. Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that there was no occasion and no obligation on the part of the assessee to file a revised estimate under section 212(3A) of the Act ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year. As such, the last instalment of advance tax was payable by December 15, 1973. On April 13, 1976, the assessment order in respect of the year in dispute was passed and it was supplied to the assessee on April 16, 1976. In it the ITO computed interest for non-payment of advance tax under s. 217(1A). Against this, the assessee filed an application under s. 154 of the I.T. Act for rectification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee to file an application for rectification, its stands concluded by a Full Bench decision of our court in CIT v. Geeta Ram Kali Ram [1980] 121 ITR 708 (All). It was observed at p. 717 that the remedy in respect of levy of interest is not by filing an appeal against the regular assessment order but by way of rectification under s. 154 or revision to the Commissioner under s. 264. As regards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot only this, we do not find any error in the finding of the Tribunal that there was reasonable cause for failure to furnish the estimate of advance tax payable by the assessee in accordance with sub-s. (3A) of s. 212. The finding appears to be well founded, in the circumstances of the case. No exception, therefore, can be taken to the order passed by Tribunal. In the result, the questions refer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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