1980 (5) TMI 46

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y way of advance tax. By the assessment order 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 p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the expression "before the date on which last 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 th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e-tax was payable, no interest could be levied 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 tha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X