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TMI Blog1976 (9) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... said assessment year showing an income of Rs. 53,299. The respondent No. 3 completed the assessment on the 16th December, 1963, and the income was assessed at Rs. 1,53,442. A sum of Rs. 13,595 was computed to be the interest payable under section 215 of the Act. Being aggrieved by the assessment, the petitioner preferred an appeal before the Appellate Assistant Commissioner. By an order dated the 18th April, 1970, the Appellate Assistant Commissioner granted certain reliefs and the total income of the petitioner was reduced to Rs. 1,49,713. On this basis interest payable under section 215 of the Act was recomputed by the Income-tax Officer. By an order dated the 28th December, 1971, passed on further appeal by the Income-tax Appellate Tribunal the income of the petitioner was assessed at Rs. 1,20,010. On the basis of this revised figure interest payable under section 215 of the Act was finally recomputed at Rs. 8,336. It is contended by the petitioner that the previous year for the relevant assessment year having ended on the 28th October, 1962, under sections 211 and 212 of the Income-tax Act, 1961, the last date for payment of advance tax and/or furnishing an estimate of ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how cause why a writ in the nature of mandamus and certiorari should not be issued directing the said respondents to withdraw, rescind, recall, cancel and forbear from giving any effect or any further effect to the said order dated the 4th February, 1972, of the income-tax Officer, " L " Ward, and the order dated 23rd April, 1973, of the Additional Commissioner of Income-tax, West Bengal II, and also for setting aside, cancelling and/or quashing the said order. The respondents were commanded to produce at the hearing all records of the proceedings relating to the said orders for the purpose of setting aside, cancelling or quashing the same. The petitioner had initially challenged the last order of the respondent No. 3, dated the 4th February, 1972, passed under section 215 of the Income-tax Act, 1961, and the order of the respondent No. 2, the Additional Commissioner, dated the 23rd April, 1973, on the grounds that the interest charged under section 251 of the Act was based on an erroneous assumption that a valid estimate under section 212 of the Act for payment of advance tax had been filed by the petitioner, that the essential preconditions for the charge of interest under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice of demand, or in one sum on the 1st day of March if the notice is served after the 1st day of December." " 212. Estimate by assessee.--(1) If any assessee, who is required to pay advance tax by an order under section 210, estimates at any time before the last instalment is due that his income subject to advance tax for the period which would be the previous year for the immediately following assessment year, is less than the income on which he is required to pay such tax, and accordingly wishes to pay an amount less than the amount which he is so required to pay, he may send to the Income-tax Officer-- (i) an estimate of the total income exclusive of capital gains for that period ; (ii) an estimate of the advance tax payable by him calculated in the manner laid down in section 209 ; and shall pay such amount as accords with his estimate in equal instalments on such of the dates specified in section 211 as have not expired, or in one sum if only the last of such dates has not expired. (2) The assessee may send a revised estimate of the advance tax payable by him before any one of the dates specified in section 211 and adjust any excess or deficiency in respect of any ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (1) or sub-section (2) or sub-section (3) of section 212 under-estimated the advance tax payable by him and thereby reduced the amount payable in any of the first three installments ; or (b) under section 213 wrongly deferred the payment of advance tax on a part of his income ; he may direct that the assessee shall pay simple interest at nine per cent. per annum-- (i) in the case referred to in clause (a), for the period during which the payment was deficient, on the difference between the amount paid in each such instalment and the amount which should have been paid, having regard to the aggregate advance tax actually paid during the year ; and (ii) in the case referred to in clause (b), for the period during which the payment of advance tax was so deferred. Explanation.--For the purposes, of this section, any instalment due before the expiry of six months from the commencement of the previous year in respect of which it is to be paid shall be deemed to have become due fifteen days after the expiry of the said six months." Mr. Sen has also drawn attention of the court to the fact that the statute has since been amended permitting interest to be charged where neither ..... X X X X Extracts X X X X X X X X Extracts X X X X
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