9911796707
TMI Blog1989 (9) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... 85 dt. 30th June, 1988 for the asst. yr. 1976-77: "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in allowing the assessee's claim for the interest under s. 244(1A) of the IT Act, on the tax paid payment under s. 140A(1) of the IT Act, 1961?" Inasmuch as in our opinion, no question of law arises, we decline to draw up the statement of the case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the ITO in granting interest only on the sum Rs. 1,09,911, the assessee preferred an appeal before the CIT(A). The CIT(A) directed the ITO to grant interest under s. 244(1A) on the sum of Rs. 12,29,001 from 1st Jan., 1980 to 17th Oct., 1980 (i.e. 9 months less one month). The CIT(A) however rejected the claim of the assessee that it would be entitled to interest under s. 244(1A) from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the judgment of the Delhi High Court. In such circumstances it is claimed that a question of law does arise and the same should be referred to the Hon'ble High Court of Bombay. 3. We are not impressed by the arguments put forth on behalf of the Department. The provisions of s. 140A(2) are quite explicit. These provisions require that after a regular assessment under ss. 143 or 144 has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this connection, would like to mention that the Delhi High Court decision against which, it is claimed, an interim stay has been granted by the Supreme Court deals with payment made by way of advance tax, and has no direct bearing on payments made under s. 140A of the IT Act. The Tribunal has only derived indirect support from that order. 4. In the result, the reference application is rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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