9911796707
TMI Blog1977 (11) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... ling those levies ? " The assessee is a private limited company. The assessment year with which we are concerned is 1972-73. The assessee filed an estimate for the purpose of payment of advance tax under section 212(3A) of the Income-tax Act, 1961, showing that the estimated income will be Rs. 2,88,000 and enclosing a cheque for Rs. 1,10,000 on March 10, 1972, as advance tax on the estimated income. The cheque was not cashed by the Income-tax Officer within time. The officer demanded a fresh cheque from the assessee, which was sent up on June 27, 1972, and duly encashed. The assessment was completed on November 30, 1972, fixing the income at Rs. 3,36,515. Penal interest was levied on the assessee under section 217(1A) for Rs. 6,544 and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Tribunal, therefore, held that the assessee had discharged his burden of proving the payment of tax ; that it was for the Income-tax Officer to get the cheque encashed; and having failed to do so, the assessee cannot be penalised by levying interest. In this view, the Tribunal allowed the appeal. It referred the question of law under section 256(1) of the Act. Section 139(8) of the Act reads: " 139. (8) (a) Where the return under sub-section (1) or sub-section (2) or sub-section (4) for an assessment year is furnished after the specified date, or is not furnished, then whether or not the Income-tax Officer has extended the date for furnishing the return under sub-section (1) or sub-section (2), the assessee shall be liable to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le on the total income shall be the amount of tax which would have been payable if the firm had been assessed as an unregistered firm. (b) Where as a result of an order under section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 264, the amount of tax on which interest was payable under this sub-section has been reduced, the interest shall be reduced accordingly, and the excess interest paid, if any, shall be refunded." Section 212(3A) of the Act reads : " 212. (3A) In the case of any assessee who is required to pay advance tax by an order under section 210, if, by reason of the current income being likely to be greater than the income on which the advance tax payable by him under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of that business, and where the date is so extended, the assessee shall pay, on or before the date as so extended, the amount by which the amount of advance tax already paid by him falls short of the advance tax payable in accordance with his estimate." Section 217(1) of the Act reads : " 217. (1A) Where, on making the regular assessment, the Income-tax Officer finds that any such person as is referred to in sub-section (3A) of section 212 has not sent the estimate referred to therein, simple interest at the rate of twelve per cent. per annum from the 1st day of April next following the financial year in which the advance tax was payable in accordance with the said sub-section up to the date of the regular assessment shall be paya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... active, and we are inclined to think that, in order to secure the object and the purpose of the enactment, and to harmonise the different provisions, the view is worthy of acceptance. We do not, however, think it necessary to express our final and concluded view, as, in any event, we are of the opinion that the question of law referred for our opinion can be answered on the other proved facts and circumstances of the case. Even assuming that, for failure to comply with any one of the three requirements stated to be involved in sub-section (3A) of section 212, the levy of interest under section 217(1A) would be attracted in the instant case, the only default that has been alleged against the assessee is that he did not pay the advance tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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