9911796707
TMI Blog1981 (8) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee. When the assessment was completed on 27th Jan., 1977, the Income-tax found payable was Rs. 45,783. The assessee made an application to the ITO pointing out that there was a mistake in his order in so far as he had not allowed to the assessee interest as payable under s. 214 of the IT Act. 2. The ITO found that the accounting period of the assessee ended on 31st Dec., 1972 and the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee after referring to the Treasury Rules. According to him the amount could be taken as paid on the date when the cheque was handed by the ITO to the State Bank of India. He also was of the view that the IT Department could not receive on behalf of the Govt. and, therefore the date of receipt of cheque by State Bank of India could be the date of payment of the cheque, if it is honoured. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd credit has been given for the same. The CIT (A) accepted the plea of the assessee as according to him under the circumstances the amount should be treated as paid within the time. He, therefore, held that interest was allowable to the assessee. 5. The Deptl. Rep. has submitted before us that the cheque presented to the Income-tax office cannot be considered to be payment of the amount and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITO, reported in 121 ITR 339. Our attention was also drawn to the Board's Circular on this point. 6. The ld. counsel for the assessee, on the other hand, submitted that in this case, there was no delay in payment of advance-tax and therefore, there was no evident mistake in not allowing interest under s. 214. 7. We have considered the facts of the case and we are of the view that the cheques ..... X X X X Extracts X X X X X X X X Extracts X X X X
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