1977 (2) TMI 18

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..... tax paid pursuant to the provisional assessment made under section 141 of the Act. Subsequently, the Income-tax Officer realised that a mistake had been committed in deducting the tax paid pursuant to the provisional assessment under section 141 for the purpose of calculating the interest. Consequently, a notice dated March 18, 1968, was issued to the assessee for rectifying the mistake in the assessment order under the provisions of section 154 of the Act. The notice was served on the assessee on March 21, 1968. There was no reply from the assessee. Thereafter, the Income-tax Officer, by his order dated March 30, 1968, passed an order under section 154 by rectifying the mistake. What he did was to add the tax paid pursuant to the provisio .....

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..... est under the proviso (iii)(b) to section 139(1) was valid ? Section 139 of the Act deals with the return of income. The main provision contained in section 139(1) deals with the time within which the return of income has to be filed by an assessee. The proviso to that section enables the Income-tax Officer to extend the time, on an application made by an assessee in the prescribed manner, for furnishing the return. Clause (ii) of this proviso says : "Provided that, on an application made in the prescribed manner, the Income-tax Officer may, in his discretion, extend the date for furnishing the return ....... (iii) up to any period falling beyond the dates mentioned in clauses (i) and (ii) in which case, interest at six per cent. per .....

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..... and the expression "advance tax" in this provision means the advance tax as understood by the common man. We are of opinion that even the expression "advance tax" as understood by the common man, means only the tax paid prior to the assessment and can never mean a tax paid pursuant to an assessment, whether it is provisional assessment or final assessment. Consequently, the expression "advance tax", whether understood as defined in section 207(2) of the Act or as could be understood by the common man, will mean only one thing, viz., the tax paid before the assessment as required by the Act. As a matter of fact, the Act itself contains elaborate machinery for payment of advance tax and, therefore, wherever the expression "advance tax" occurs .....

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