1980 (5) TMI 46

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..... the ITO had directed that credited should be given for the advance-tax so deposited. As the accounting year of the assessee for the relevant asst. yr. Ended on 30th June, 1973, the last date for the payment of the last instalment of advance-tax was 15th Dec., 1973. On that date the assessee had also filed an estimate of current income and advance-tax payable by the assessee under sub-s. (3) of s. .....

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..... st instalment of advance-tax is due" in sub-s. (3) of s. 212 has to be interpreted as meaning before the expiry of the date on which the last instalment of advance-tax is due. In support of his argument, he relied on the decision of the Indore Bench of this Tribunal in WTA No. 54 (Ind)/75-76 which interpreted the expression "before the 30th of June, of the corresponding assessment year" in sub-s ( .....

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..... vied under s. 217. The assessee is supported in this view by the decision of the Gujarat High Court in Bharat Textile Works vs. ITO(1). In fact, the CIT has referred to this decision but has not followed it on the ground that the Department has not accepted it. We are bound by the decision referred to above. Respectfully following the decision, we hold that the CIT was not justified in revising th .....

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